Delhi HC Reverses Order on Minor’s 26-Week Abortion

DELHI HC REVERSES ORDER ALLOWING MINOR TO TERMINATE 26-WEEK PREGNANCY

Why in the News?

  • Reversal of decision: A Delhi High Court division bench overturned a single judge’s order allowing a 16-year-old rape survivor to abort a 26-week pregnancy.
  • Legal limitation: The MTP Act permits abortions up to 20 weeks, and beyond 24 weeks only in limited cases like fetal abnormalities or grave danger to the mother.
  • Court stance: The court ruled that abortion at this stage would be foeticide, a criminal offence under Indian law.

Delhi HC Reverses Order on Minor’s 26-Week Abortion

Medical and Legal Grounds Cited

  • AIIMS report: Medical board warned that termination at 26 weeks could harm the girl’s future fertility and lead to a low survival rate and neurological defects in the child.
  • Safer option: Advised continuation until 34 weeks for safer delivery instead of forced termination.
  • Court reasoning: Termination at this stage would be akin to killing a viable foetus, which is legally and ethically prohibited.

Significance and Human Rights Angle

  • Victim’s plight: The girl was a survivor of two assaults, discovered the pregnancy only at 26 weeks.
  • Court emphasis: Reiterated the state’s duty to protect life in all forms, even amid unfortunate circumstances.
  • Next hearing: The matter is scheduled for October 15 for further proceedings.

MEDICAL TERMINATION OF PREGNANCY ACT (MTP ACT), 1971 (amended 2021)
● Abortions permitted: Up to 20 weeks for all; 20–24 weeks only under specific conditions (e.g., minors, rape survivors).
● Beyond 24 weeks: Only in cases of fetal abnormalities or serious risk to mother’s life.
● Medical board role: Mandatory consultation with a registered medical board for late-term abortions.
● Rights balance: The Act tries to balance reproductive autonomy with foetal viability and ethical considerations.
● Recent reforms: 2021 amendment increased access for certain categories but kept strict limits beyond 24 weeks.