PRIYANKA SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been preffered with the following prayers:

(2.) The petitioner, who is presently in the 25th week of her pregnancy seeks, by means of this writ petition, to assail the vires of Section 3(2)(b) and Section 5(1) of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to "the MTP Act"). The vires of Section 3(2)(b) is sought to be assailed to the extent it stipulates a ceiling of 20 weeks, as the terminus ad quem, beyond which abortion, of a foetus, is statutorily impermissible, and Section 5(1) to the extent it does not permit relaxation, of the rigour of Section 3, even in cases where there is manifest threat to the life of the foetus, were the pregnancy to be allowed to continue.

(3.) The petitioner is 27 years of age. She is, already, as noted hereinabove, in the 25th week of her pregnancy. The foetus being carried by her was diagnosed with severe oligohydromnios and bilateral multicystic dysplastic kidneys which were incompatible with life. She, in the circumstances, seeks to have the foetus aborted, but is statutorily restrained from doing so, owing to the combined effect of Sections 3(2)(b) and 5(1) of the MTP Act, the vires, of which she seeks, therefore, to call in question. Sections 3(2)(b) and 5 (1) of the MTP Act, read thus: