The Maharashtra government was on Friday directed by the Supreme Court to set up a medical board to examine the condition of an alleged rape victim who wants to abort her 24-weeks-old 'abnormal' fetus. The board will examine the condition of the fetus and the woman at KEM Hospital at 10am on Saturday and submit its report to the court on Monday.
The woman in her plea has requested the court to keep her name and other details confidential. She is from a poor economic background and was pursuing a vocational computer training course. Her plea, which challenged the constitutional validity of the provisions of the abortion law (The Medical Termination of Pregnancy Act), has contended that the pregnancy was the result of rape on the false promise of marriage.
She had been deserted by her fiance who had married another woman. She has brought to court's notice that an FIR under section 376 (rape) of IPC has been lodged last month against the man.
During the course of registration of the FIR, she was required to undergo a medical examination at a municipal hospital, where the sonography revealed that the foetus suffered from Anencephaly, a birth defect that causes brain malformation, which is fatal.
she was then referred her to a tertiary hospital. The hospital had rejected her request for an abortion on June 2 on the grounds that her pregnancy was beyond the prescribed period of twenty weeks.
"... Hence, the denial of her right to an abortion has caused her extreme anguish and has forced her to continue her pregnancy while being aware that the foetus would never survive," her plea said.
The Apex Court, which took up her plea, said the report of the medical board with regard to the woman's condition will be assessed and if necessary, and some directions will be passed.
Solicitor general Ranjit Kumar said that the Centre was ready to constitute a medical board at All India Institute of Medical Sciences (AIIMS) where the woman could be examined. Her counsel senior advocate Colin Gonsalves said that the condition of his client is very bad and she will not be able to travel to Delhi.
"Delay in these matters is very bad. There should not be any delay in these matters," the bench said, adding that a larger issue of law will be dealt with separately and the government's law officers to assist the court.
*Amendment to Act sought*
The court is already hearing a plea of Mumbai-based doctor Nikhil D Datar, who had also raised the same issue in 2009 and sought an amendment to the Medical Termination of Pregnancy Act.
ReportMumbaiPrabhati Nayak Mishradna
· Supreme Court
· All India Institute of Medical Sciences (AIIMS)
· KEM Hospital
· Rape Victim
· Medical Termination of Pregnancy Act (MTP)
Sat, 23 Jul 2016-07:45am
Date updated:
Saturday, 23 July 2016 - 7:45am
Article Images:
For representation purpose only
Short URL:
dnai.in/du45
Embargo:
Syndicate:
Hide lead image:
Page views:
1
From Print Edition: Reported by DNA 10 hours ago.
The woman in her plea has requested the court to keep her name and other details confidential. She is from a poor economic background and was pursuing a vocational computer training course. Her plea, which challenged the constitutional validity of the provisions of the abortion law (The Medical Termination of Pregnancy Act), has contended that the pregnancy was the result of rape on the false promise of marriage.
She had been deserted by her fiance who had married another woman. She has brought to court's notice that an FIR under section 376 (rape) of IPC has been lodged last month against the man.
During the course of registration of the FIR, she was required to undergo a medical examination at a municipal hospital, where the sonography revealed that the foetus suffered from Anencephaly, a birth defect that causes brain malformation, which is fatal.
she was then referred her to a tertiary hospital. The hospital had rejected her request for an abortion on June 2 on the grounds that her pregnancy was beyond the prescribed period of twenty weeks.
"... Hence, the denial of her right to an abortion has caused her extreme anguish and has forced her to continue her pregnancy while being aware that the foetus would never survive," her plea said.
The Apex Court, which took up her plea, said the report of the medical board with regard to the woman's condition will be assessed and if necessary, and some directions will be passed.
Solicitor general Ranjit Kumar said that the Centre was ready to constitute a medical board at All India Institute of Medical Sciences (AIIMS) where the woman could be examined. Her counsel senior advocate Colin Gonsalves said that the condition of his client is very bad and she will not be able to travel to Delhi.
"Delay in these matters is very bad. There should not be any delay in these matters," the bench said, adding that a larger issue of law will be dealt with separately and the government's law officers to assist the court.
*Amendment to Act sought*
The court is already hearing a plea of Mumbai-based doctor Nikhil D Datar, who had also raised the same issue in 2009 and sought an amendment to the Medical Termination of Pregnancy Act.
ReportMumbaiPrabhati Nayak Mishradna
· Supreme Court
· All India Institute of Medical Sciences (AIIMS)
· KEM Hospital
· Rape Victim
· Medical Termination of Pregnancy Act (MTP)
Sat, 23 Jul 2016-07:45am
Date updated:
Saturday, 23 July 2016 - 7:45am
Article Images:
For representation purpose only
Short URL:
dnai.in/du45
Embargo:
Syndicate:
Hide lead image:
Page views:
1
From Print Edition: Reported by DNA 10 hours ago.