Unwanted Pregnancy After Consensual Sex: On Girl's Plea, Punjab and Haryana High Court Says Can’t Order Termination of Pregnancy at 27 Weeks
While it is acknowledged that the foetus in this case is an unwanted pregnancy and that the petitioner may experience social stigma, the court noted that the legislature has established a time frame within which such a termination may be allowed.
Chandigarh, March 13: The Punjab and Haryana High Court has mandated a new medical assessment for a girl with 27 weeks of pregnancy as a result of consensual sex, despite medical advice to the contrary. The girl had appealed for the pregnancy to be ended. The 18-year-old girl, a Punjab native, was in a relationship with a male when she got pregnant. After the two broke up, she went to court to get the pregnancy terminated.
The girl underwent a medical checkup, and according to a PGIMER assessment, the foetus is likely to be born alive at this gestational age and condition. Termination of 26-Week Pregnancy: Supreme Court Seeks Foetus Report From AIIMS As Centre Fails to Persuade Married Woman Against Her Petition.
The newborn survival rate of 60–65 per cent is also likely. The baby will be extremely premature and probably have a number of preterm problems, according to the medical examination. If the woman's life is in danger or there is a foetal abnormality, the Medical Termination of Pregnancy Act permits ending a pregnancy beyond the time period of 24 weeks. According to the legislation, the constitutional courts have the authority to decide each case individually. In this instance, both the female and the foetus are said to be in good health.
The girl had, however, begged the court to order the doctors to do carry out a foeticide, otherwise there would be a preterm birth, which would probably worsen the child's case. The girl said she was not psychologically ready to give birth and that her chances would take a severe blow. The plea said that the unintended pregnancy would result in increased societal disgrace for her. HC on Pregnancy Termination: Calcutta High Court Seeks Explanation From Doctors for Terminating Minor Girl's Pregnancy After Court Directed Formation of Medical Board.
While it is acknowledged that the foetus in this case is an unwanted pregnancy and that the petitioner may experience social stigma, the court noted that the legislature has established a time frame within which such a termination may be allowed, provided that the medical condition and status of the foetus are given due consideration. It is also evident that, despite the fact that the law grants the mother the ability to seek a pregnancy termination (up to 24 weeks), no one is permitted to establish an unrestricted right.
(The above story first appeared on LatestLY on Mar 13, 2024 12:27 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).