Abortion Law - A Vision Of Meaningful Equality

Acknowledging the dilemma that women undergo while taking a decision to terminate a pregnancy, the Delhi High Court noted that the ultimate decision in such cases ought to recognize the choice of the mother, as also the possibility of a dignified life for the unborn child.”

"No woman can call herself free who does not control her own body."

-Margaret Sanger, American activist

IN a significant ruling, the Delhi High Court while recognizing the ultimate choice of the mother to decide whether to give birth to the child or not, as also, the possibility of a dignified life for the unborn child, allowed a woman to terminate her 33-week-old pregnancy. Justice Prathiba M Singh was dealing with a plea moved by a 26-year-old woman seeking termination of the pregnancy at 33 weeks gestational age on account of foetal abnormality.

The woman approached the Court contending that she was undergoing regular ultrasounds since the inception of the pregnancy and was not informed of any abnormalities. It was only during a test conducted at a much later stage that the foetus was found to be suffering from cerebral abnormality. The woman approached the Court when the Guru Teg Bahadur Hospital asked her to approach the Court seeking permission for termination of pregnancy owing to the advanced stage of pregnancy.

It is pertinent to mention that the Medical Termination of Pregnancy Act, 1971, is a legislation dealing with termination of certain pregnancies by registered medical practitioners in the country and specifies requirements to be fulfilled for terminating a pregnancy, including the persons who are competent to perform the termination procedure, circumstances when abortion is permissible, and places where the procedure may be performed.