Special case: High Court allows woman to terminate 34-week pregnancy

KOLKATA: The Calcutta High Court on Thursday allowed a woman to terminate her 34-week pregnancy. Justice Rajasekhar Mantha gave the order with the consent of the pregnant woman.

According to the Medical Termination of Pregnancy (MTP) Act in India, it is illegal to terminate a pregnancy beyond 20 weeks of gestation, unless and until there is medical danger to the foetus.

According to the rules, court permission is required for abortion after 24 weeks. However, in this case, the physical ailments of the young woman were continuing to increase after pregnancy.

Doctors recommended abortion. The couple then approached the court seeking permission to have an abortion. During the hearing, Justice Mantha wanted to know if they were willing to take the risk of abortion.

The petitioner and her husband have both unequivocally submitted before the court and on affidavit that notwithstanding uncertainty in course of surgery of this nature, and notwithstanding the consequences on the health of the petitioner and future consequences clearly indicated in the medical report, they wish to proceed with termination of the pregnancy.

The single bench gave the order only after getting the consent of the pregnant woman. Abortion is allowed on the advice of the Medical Board constituted by the High Court. The court has made it clear that if there is any harm to the pregnancy as a result of having an abortion at 34 weeks, the plaintiff will have to take the responsibility.