R Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has approached this Court for a direction to the Respondents to permit medical termination of the ongoing pregnancy of the Petitioner under the Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy Rules, 2003.

(2.) The facts of the case reveal that the Petitioner got married on 26/2/2023. It is stated that the husband of the Petitioner passed away on 19/10/2023. It is stated that the Petitioner came back to her parents' house and when the Petitioner went for an ultrasound on 31/10/2023 it was found that the Petitioner is 20 weeks pregnant. It is stated that in December, the Petitioner decided not to continue the ongoing pregnancy and approached the doctors for medical termination of her pregnancy. Since the gestation period of the Petitioner was over 24 weeks, the Petitioner was not allowed to medically terminate her pregnancy. The Petitioner has, thereafter, approached this Court by filing the present Writ Petition.

(3.) This Court on 22/12/2023 directed the All India Institute of Medical Sciences to constitute a medical board to examine the condition of the Petitioner and to give a report as to whether the Petitioner is in a condition to undergo the procedure for termination of pregnancy. Pursuant to the directions of this Court, a Medical Board was constituted and the Petitioner was examined by the Board. A report dtd. 23/12/2023 of the Medical Board from AIIMS Hospital has been received. As per the Report of the Medical Board, the fetus is 29 weeks by date. The Medical Board has opined against the termination of the pregnancy of the Petitioner on the ground that Clause 3B(c) of the MTP Rules, 2003 permits medical termination of pregnancy only up to 24 weeks of gestation.