Source:- indialegallive.com<\/p>\n\n\n\n
Delhi High Court agrees to hear a PIL seeking directions to \nterminate pregnancy after a period of 24 weeks. Matter is listed \ntomorrow before the Single Judge bench of Justice Vibhu Bakhru.<\/p>\n\n\n\n
The petition has been moved on behalf of a minor girl of 16 years of \nage who was a rape victim. The ultra sound of the victim was done and it\n was found that there is a fetus of 23 \u2013 24 weeks gestation, pursuant to\n which an FIR was lodged in Swaroop Nagar Delhi.<\/p>\n\n\n\n
The doctors who did the medical examination suggested that since the \nperiod of gestation had been more than 20 weeks permission of the High \nCourt was required as it has been stated under section 3 of Medical \nTermination of Pregnancy Act, 1971,<\/p>\n\n\n\n
\u201cA pregnancy may be terminated by a registered medical practitioner,-<\/em><\/p>\n\n\n\n (a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is, or<\/em><\/p>\n\n\n\n (b) where the length of the pregnancy exceeds twelve weeks but \ndoes not exceed twenty weeks, if not less than two registered medical \npractitioners are.<\/em><\/p>\n\n\n\n Of opinion, formed in good faith, that,-<\/em><\/p>\n\n\n\n (i)<\/em> The continuance of the pregnancy would involve a \nrisk to the life of the pregnant woman or of grave injury physical or \nmental health; or<\/em><\/p>\n\n\n\n (ii) There is a substantial risk that if the child were born, it \nwould suffer from such physical or mental abnormalities as to be \nseriously handicapped<\/em>\u201d<\/p>\n\n\n\n It has been stated in the petition that the mother of the victim had \napproached Child Welfare Committee from where it was ordered that a \ncommittee be constituted at BSA Hospital to see whether termination of \nPregnancy is necessary or not. The report was placed before the CWC in \nwhich it was stated, \u201cThe pregnancy of the victim is 23 \u2013 24 weeks \nof gestation and Section 3 of the MTP Act, 1971 permits MTP up to only \n20 weeks of gestation only.<\/em>\u201d The CWC then asked DSLSA to provide legal aid for representation before the Delhi High Court to obtain necessary orders.<\/p>\n\n\n\n It has also been stated that the pregnancy poses substantial risk to the victim as the victim is also of a tender age.<\/p>\n