In Rare Judgment, Calcutta HC Allows 35-Week Pregnant Woman To Abort Her Child

The verdict also pointed out that in case of any complications, the mother of the child will be solely responsible and she cannot blame anyone else.

(Representative Image/Getty)

Kolkata: In a rare judgment, the Calcutta High Court on Thursday permitted a pregnant woman to terminate her pregnancy after 35 weeks. As per the verdict, parents can go for abortion up to 35 weeks of pregnancy in case any disability is seen in the foetus.

The verdict also pointed out that in case of any complications, the mother of the child will be solely responsible and she cannot blame anyone else.

The HC order came after a 36-year-old woman had prayed in the petition that she and her husband are desirous of getting her pregnancy terminated medically due to the condition.

Reportedly, the woman had learnt that her child will be born with a spine condition and sought permission for abortion after being conceived for over 24 weeks.

According to the Medical Termination of Pregnancy Act, a woman can go for abortion up to 20 weeks from conceiving.

"Considering the entire gamut of facts and circumstances, this court permits the petitioner to medically terminate her pregnancy at an authorised hospital and/or medical facility," news agency PTI quoted Justice Rajasekhar Mantha as saying after noting that risks to the mother as well as the child are also highlighted in no uncertain terms in a report of a nine-member medical board of state-run SSKM Hospital.

The court also observed that in the medical report it is clear and explicit that there are remote chances of the child being born out of the instant pregnancy surviving or leading a normal life.

Furthermore, the High Court also said the team of nine senior doctors opined that even if the child is born by medical intervention, it is likely to develop severe impairments and long-term ailments and would have limited mortality.

The Calcutta High Court order came almost a month after a similar petition was filed in Delhi High Court where a woman was allowed to abort her 30-week old pregnancy as the foetus had a rare chromosomal disorder.

The Delhi HC had noted that had the woman given birth, the child would have had such substantial abnormalities that normal life might have never been an option.

(With inputs from PTI)