A court in India has rejected a request to kill a 28-weke-old unborn baby in abortion. While abortions are legal in India, a court must approve late-term abortions.
But in this case, the Delhi High Court Monday rejected a late-term abortion because the baby is viable and perfectly health. The court said the abortion is neither “ethical nor legally permissible” and ruled “that the “foeticide would neither be ethical nor legally permissible” since the foetus is “normal and viable” and there is “no danger” to the woman to carry on with the pregnancy.”
A single-judge bench of Justice Subramonium Prasad said, “A perusal of the report shows that there is no congenital abnormality in the foetus or any danger to the mother to carry on with the pregnancy that will mandate termination of the foetus. The petitioner would have to be induced for delivering the child and such delivery could be detrimental to the mental and physical health of the newborn since it would be a pre-term delivery. It could also be detrimental to the mother for her future pregnancies.”
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The HC further said the woman’s case is also not covered under the August 6, 2018, guidelines as per which medical termination of pregnancy beyond 24 weeks is permitted only in cases of “minor girls who are rape victims or when there are congenital abnormalities in the foetus”.
The court further observed that the woman is already seven months pregnant with a “healthy and viable foetus” and her prayer for a direction to AIIMS for “premature termination of pregnancy/delivery of the child” cannot be acceded to since her case does not fall within the “four corners” of the Medical Termination of Pregnancy (MTP) Act.
Below is an unborn baby at 28 weeks.
