Supreme Court notice to Centre on rape victim’s plea against abortion law

A bench led by Justice J S Khehar fixed the matter for hearing on Friday.

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The bench also comprising Kurian Joseph and Justice Arun Misra said that it will seek the report of medical board on the condition of the woman.

The Supreme Court Thursday asked the Centre and the Maharashtra government to respond to a plea by an alleged rape victim, who has challenged the law that prohibits termination of pregnancy after 20 weeks.

A bench led by Justice J S Khehar fixed the matter for hearing on Friday, acknowledging the urgency involved as the woman claimed that her health is at risk since the doctors have refused to abort the foetus despite severe abnormalities after 20 weeks.

Senior advocate Colin Gonsalves, appearing for the woman, said that constitutionality of the Medical Termination of Pregnancy Act, 1971, is being challenged in the plea as it puts a ceiling of 20 weeks for an abortion.

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The bench, also comprising Justice Kurian Joseph and Justice Arun Mishra, said that it will seek the report of a medical board on the condition of the woman.

The petition filed by a woman, who alleged that she was raped by her ex-fiance on the false pretext of marriage, sought a direction to quash Section 3 (2)(b) of the 1971 Act to the extent that it puts a ceiling of 20 weeks for an abortion as it is ultra vires to Article 14 and 21 of the Constitution. The petition contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.

WATCH VIDEO: SC Allows Alleged Rape Victim To Terminate Pregnancy Post Mandated 20 Weeks

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