The petitioner has sought to put in place guidelines for setting up a permanent mechanism including setting up a medical board at each district for immediate termination of pregnancies in the exceptional cases particularly involving child rape survivors. The Medical Termination of Pregnancy Act of 1971 bars abortion if the foetus has crossed the 20-week mark.
Taking the report into consideration, the bench said: "Pregnancy is 32 weeks old".
A 10-year-old child who was raped repeatedly by her maternal uncle over the past few months, and is nearly 7-months pregnant now, will have to carry the baby to full term after the Supreme Court today rejected the plea seeking its nod to terminate the pregnancy.
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After a lower court refused to grant permission to a Chandigarh based 10-year old rape survivor to abort her 26-week fetus, the Supreme Court had chose to help out the girl and directed medical examination of the girl and her foetus at PGI.
The girl has alleged that she was raped several times over seven months by her uncle, who has been arrested. Mr. Yadav declined to give any other details about the case. The amendment to the existing law was moved during the erstwhile government's tenure, seeking to increase the permissible period of abortion from 20 to 24 weeks.
The girl's pregnancy was discovered recently when her parents took her to a hospital in Punjab state after she complained of pain in her stomach, NDTV news channel reported.
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The bench asked Solicitor General Ranjit Kumar, who was present in the court room, to consider its suggestion to set up a permanent medical board in every state to take a prompt decision on prospects of early abortion in view of the fact that such cases are reaching the apex court in a big way.
The latest case was first heard this month by a court in Chandigarh, which refused to allow an abortion, according to Mr. Srivastava's petition to the Supreme Court. Despite the apex court's various ruling that welfare of a expecting mother is paramount, trials courts and High Courts have repeatedly turned down abortion plea of rape victims and women, having abnormal foetus, citing the present law.
On February 7, SC allowed a 22 year old pregnant woman who was facing danger to her life due to pregnancy and allowed her to abort her 23 week foetus. The parents then approached the courts to allow an abortion.
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