ABC Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking permission for conducting a medical termination of pregnancy. The petitioner, who is only 19 years old had conceived when she was only 18 years of age. It is submitted that the provisions of the Medical Termination of Pregnancy Act , 1971 permits the termination of pregnancy only till the pregnancy has proceeded for 20 weeks. It is submitted by the learned counsel for the petitioner that the pregnancy has proceeded past 24 weeks and that orders of this Court are required for terminating the pregnancy.

(2.) By an interim order dated 21.8.2020, the fourth respondent was directed to constitute a Medical Board to examine the petitioner. A Medical Board was constituted and a report has been made available before this Court. After examining the petitioner, the Medical Board opined that there is a live gestation where the ultra sonogram suggested a pregnancy of 25 weeks and 4 months. The report states as follows:-

(3.) It is not in dispute that the pregnancy in question was an unwanted pregnancy and that the petitioner now seeks to terminate the pregnancy and does not intend to proceed with the same. The precedents on the point are that right to opt for a medical termination of pregnancy is a part of the right of choice of the pregnant woman and since the petitioner has clearly opted not to continue with the pregnancy, I am of the opinion that this is a fit case where permission be granted for carrying out the procedure even though the pregnancy is advanced beyond 24 weeks.