Termination of Pregnancy Beyond 24 Weeks Requires Compelling Reasons:  Punjab and Haryana High Court

Justice Vinod S. Bhardwaj denies termination of 26-week pregnancy resulting from rape, citing advanced gestation and significant medical risks. The Punjab and Haryana High Court has refused to permit the termination of a 26-week pregnancy resulting from rape, underscoring the advanced gestation and associated medical risks. The judgment, delivered by Justice Vinod S. Bhardwaj, reinforces the legal framework governing the termination of pregnancies and highlights the importance of medical opinions in such cases.

The petitioner, a resident of Arya Nagar, Hansi, was allegedly raped by Amarjit, who resided in the same house. An FIR was filed on June 21, 2024, under Sections 376(2)(n), 452, 506 of the IPC, and Section 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioner discovered her pregnancy after it had exceeded 24 weeks and sought medical termination, which was denied by the Medical Board at Civil Hospital, Hisar, due to the advanced gestation period.

The court relied heavily on the medical report, which indicated that the petitioner was physically and mentally fit for the procedure but flagged several concerns. The Gynecologist noted that the petitioner’s short stature classified her pregnancy as high-risk. The possibility of live birth during the termination procedure and the risk of complications were significant factors in the decision. The Paediatrician's opinion suggested that the foetus had a high chance of survival, requiring a well-equipped neonatal ICU for care.

Justice Bhardwaj meticulously referenced the Medical Termination of Pregnancy Act, 1971, and the MTP Rules of 2003 (amended in 2021), which permit termination up to 24 weeks under specific conditions, including rape. The law requires compelling medical evidence to justify termination beyond this period, which was absent in this case. The judgment cited similar precedents, including a Supreme Court ruling in "X vs Union of India," where termination was denied at 26 weeks due to lack of substantial foetal abnormalities and immediate threat to the woman's life.

Justice Bhardwaj remarked, "The medical report received is against the termination of pregnancy, and the Medical Board has opined that it is not in the welfare of the foetus, which may nonetheless be born alive on account of its advanced stage."

The court’s decision to deny the termination emphasizes the stringent legal and medical criteria that must be met for late-stage abortions. The judgment highlights the balance between a woman's autonomy and the viability and welfare of the foetus. The court, however, allowed the petitioner to seek another medical opinion from PGIMER, Chandigarh, to ensure thorough evaluation and compliance with the law.

Date of Decision: July 12, 2024