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SC refuses to allow pregnant widow to terminate over 32-week pregnancy

The woman's lawyer, Amit Mishra, told the Apex Court that if she is to give birth then it will be against her wish and and that she will have to bear this trauma throughout her life.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court in its order on Wednesday refused to allow a 26-year-old woman, who had lost her husband in October last year, to terminate her over 32-week pregnancy, after noting that the medical board has held that there were no abnormalities in the foetus.

"It's a 32-week-foetus. How it can be terminated? Medical board has also said that it cannot be terminated," a two-judge bench of the Top Court, headed by Justice Bela M Trivedi and also comprising Justice Prasanna Bhalachandra Varale said.

The Apex Court also told the woman that it is a matter of two weeks, then you can give it for adoption, if you want.

The woman's lawyer, Amit Mishra, told the Apex Court that if she is to give birth then it will be against her wish and and that she will have to bear this trauma throughout her life.

The bench did not allow and accept his arguments and refused to allow her to terminate her over 32-week pregnancy, after noting that each and every point has been considered by the high court, including the opinion of the medical board.

The Apex Court took into record the Medical board reply which has said that there is no risk to even to the woman, if she carries on with the pregnancy.

The woman, in her plea said that she got married in February, 2023, but unfortunately she lost her husband on 19 October.

In this context, it is worth here to mentuon that as per 3(B) of the Medical Termination of Pregnancy (MTP) Rules, it permits a woman to terminate her pregnancy up to 24 weeks with certain conditions.

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