Case BriefsSupreme Court

Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ issued notice to the Central Government on the petition seeking framing of appropriate medico legal guidelines for urgent and safe termination of pregnancy under safe medical facilities including termination of pregnancies beyond 20 weeks in the exceptional cases.

The petition also sought for constitution of a committee for framing of appropriate medico legal guidelines for setting up a permanent mechanism for expedient termination of pregnancies beyond 20 weeks in the exceptional cases particularly involving rape survivors and women and abnormal foetus’s under safe medical facilities and with adequate inputs from an association of professionals & experts.

The Court, however, refused to entertain the payer where the petitioner had sought directions for urgent amendment of Section 3 of the Medical Termination of Pregnancy Act, 1971, so as to permit termination of pregnancies of more than 20 weeks for expedient termination of pregnancies beyond 20 weeks in the cases particularly involving rape survivors and women with abnormal foetus’s under safe medical facilities. The Court said that the said prayer was in the legislative realm and hence, it will not interfere. [Anusha Ravindra v. Union of India, Writ Petition (Civil) No.934/2017, order dated 13.10.2017]

Case BriefsSupreme Court

Supreme Court: The bench of SA Bobde and L Nageswara Rao, JJ allowed a 26-year-old woman, who is in 25th week of pregnancy, to terminate her pregnancy after her fetus was diagnosed with Anencephaly, a defect that leaves foetal skull bones unformed and is both untreatable and certain to cause the infant’s death during or shortly after birth. The medical board’s report said that the condition of the foetus was also dangerous for the mother’s life.

Noticing that the fetus is without a skull and would, therefore, not be in a position to survive, the Medical Board said that the continuation of pregnancy can pose severe mental injury to the petitioner and no additional risk to the petitioner’s life is involved if she is allowed to undergo termination of her pregnancy. The Court, hence, said that it was in the interests of justice and particularly, to permit the petitioner to undergo medical termination of her pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971. [Mamta Verma v. UOI, WRIT PETITION (CIVIL) NO.627 OF 2017, decided on 09.08.2017]

Case BriefsSupreme Court

Supreme Court: The Bench of S.A. Bobde and L. Nageswara Rao, JJ allowed a woman to undergo medical termination of her 24 weeks pregnancy in the light of the apprehended danger to her physical and mental health in case of continuance of pregnancy.

The petitioner apprehended danger to her life, having discovered that her fetus was diagnosed with Anencephaly, a defect that leaves foetal skull bones unformed and is both untreatable and certain to cause the infant’s death during or shortly after birth. The medical examination showed that the fetus is without a skull and would, therefore, not be in a position to survive.

Deciding the question as to whether the right to bodily integrity calls for a permission to allow her to terminate her pregnancy, the Court said that the report of the Medical Board clearly warrants the inference that the continuance of the pregnancy involves the risk to the life of the pregnant woman and a possible grave injury to her physical or mental health as required by Section 3 (2)(i) of the Medical Termination of Pregnancy Act, 1971. Though, the pregnancy is into the 24th week, having regard to the danger to the life and the certain inability of the fetus to survive extra uterine life, the Court permitted the petitioner to terminate her pregnancy. [Meera Santosh Pal v. Union of India, 2017 SCC OnLine SC 39, decided on 16.01.2017]