In Unprecedented Judgment, Court Allows Woman To Terminate 35-Week Pregnancy

The report of a nine-member hospital board stated that the chances of the child surviving after being born out of instant pregnancy were remote.

(Photo: The Quint)

In a rare order, the Calcutta High Court on Thursday, 17 February permitted a 36-year-old woman to terminate her pregnancy after 35 weeks, PTI reported.

The reason provided was that the foetus had defects in the spinal cord and other malformations, as stated by a medical board report of SSKM Hospital in Kolkata.

The bench, headed by justice Rajasekhar Mantha, stated that the nine-member medical board report clearly stated that there were remote chances for the child to survive or lead a normal life, reported PTI.

Justice Mantha observed in his judgment, "Considering the entire gamut of facts and circumstances, the court permits the petitioner to medically terminate her pregnancy at an authorised hospital and/or medical facility."

This is the first time a high court in India has permitted a woman to have an abortion at 35 weeks.

In a similar instance, the Supreme Court in 2017 had allowed a woman to terminate her pregnancy at 26 weeks on "grounds of abnormality."

On the basis of the medical board's report, it was found that the foetus was suffering from severe cardiac ailments, which could have turned fatal.

The report stated that if the child were to be born, it would have had to undergo several surgeries and may not be able to survive even after the first surgery.

India's Abortion Laws Amended

In a move considered historic, India passed the Medical Termination of Pregnancy (Amendment) Act in 2021 to provide safe and legal access to women seeking an abortion.

One of the key amendments of the act is that the upper gestation limit will not be applicable in case of considerable abnormalities in the foetus, as stated by a medical board.

Also, the upper gestation limit has been increased from 20-24 weeks in case of rape survivors, victims of incest, minors, differently-abled women and other vulnerable groups.