Court’s big decision on Right to Abortion, permission to terminate pregnancy of 33 weeks

Right to Abortion: The woman had claimed that she had done several ultrasounds after pregnancy. In the ultrasound on November 12, he came to know that the fetus in the womb of the woman has cerebral disease.

Delhi News: On Tuesday (December 6, 2022), the Delhi High Court, while hearing a petition seeking permission for abortion, said that the decision of the mother will be paramount. Along with this, the court allowed the 26-year-old woman to abort her 33-week pregnancy.

Justice Pratibha M Singh observed that while a pregnant woman’s right to abortion has been a matter of debate across the world, the law in India recognizes a woman’s choice. In the present case, the petitioner had sought termination of her pregnancy as she found that the fetus was suffering from certain neurological abnormalities. Her pregnancy is 33 weeks.

Due to neurological problems in the foetus, the woman sought permission for abortion

The woman had claimed that she had done several ultrasounds after the pregnancy. In the ultrasound on November 12, he came to know that the fetus in the womb of the woman has cerebral disease. After this, she sought permission for abortion in the Delhi High Court. During this, the woman’s lawyer, referring to a decision of the Bombay High Court and the Calcutta High Court, said that under Section 3 (2) (b) and 3 (2) (d) of the MTP Act, permission can be given to remove the fetus. , After which the court gave its verdict.

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At the same time, after the order of the court, the committee of some doctors had said that it is not right to remove the fetus. After this, the High Court, after talking to some doctors, ordered the removal of the fetus through safe abortion.

What are the rules for abortion in India?

Abortion is legal in India under the Medical Termination of Pregnancy Act (MTP Act 1971), which was later amended. Every woman has the right to abortion. Earlier abortion was allowed for 20 weeks, but in the year 2021 this law was changed. Now abortion is allowed up to 24 weeks. Apart from this, in some special cases, permission can be taken for abortion even after 24 weeks.

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