By Weinderlla Sen-
Medical Termination and Pregnancy Act, 1971 prohibits termination of pregnancy beyond a period of 20 weeks. Punjab and Haryana to probe into the constitutional validity of the same.
In a recent petition before the Hon’ble bench Justice Rajbir Seharawat observed that even in life threatening situations to both the would be mother and the child, if he does get born, the medical professionals still doesn’t terminate the pregnancy on their own. The Court also took notice of the same and stated that the people who are well off might be successful in saving the life of both mother and the child but where people suffer from extreme poverty; it would be difficult or not possible for those to even approach the court to avail legal remedy. In such situations there would be no choice left with the would-be mother but to lose their lives in some cases or to give birth to totally lunatic or destitute or incapacitated children, despite the fact that there had been a competent advise from the medical professional for termination of those pregnancies.
The court further highlighted that Section 5 of the Act provides for some relaxations but it does not deal with a situation where a fetus is with extreme deformity or disease. The court observed that if such a thing is allowed then it would render the life of such a child to be a hell.
While concluding the court observed that if such a pregnancy is allowed which is against medical advice, and the would be mother is bound to lose her life due to the provisions in the statue then, it would amount to violation of fundamental rights of the would be mother and therefore such a provision cannot exist in the statue book.
The case is posted for hearing on 10th August 2020.