Ms. X v. Union of India and Ors

25.07.2016

Law of Medicine

SC grants liberty to terminate 24 weeks pregnancy in order to save life of pregnant woman

Medical Board constituted for examination of Petitioner recorded a clear finding, that the risk to the petitioner of continuation of her pregnancy, can gravely endanger her physical and mental health. The Medical Board has also expressed an advice, that the patient should not continue with the pregnancy.

Section 5 of Medical Termination of Pregnancy Act, 1971 lays down that the termination of pregnancy, which is necessary to save the life of the pregnant woman, is permissible. Section 5 of Medical Termination of Pregnancy Act, 1971 is an exception to the rule laid down in Section 3 and 4 of Act.

Supreme Court held that, it is permissible to allow the Petitioner to terminate her pregnancy in terms of Section 5 of the Medical Termination of Pregnancy Act, 1971, in view of findings recorded in report, coupled with the recommendation and advice tendered by the Medical Board Supreme Court grants liberty to the petitioner, if she is so advised, to terminate her pregnancy.

Relevant

Section 5 of the Medical Termination of Pregnancy Act, 1971

Tags : 24 weeks pregnancy Abortion Permission

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