Latest news with #MedicalTerminationofPregnancyRules
New Indian Express
28-05-2025
- Health
- New Indian Express
Madras HC allows 28-week abortion for disabled rape survivor; says case ‘can brook no delay'
CHENNAI: A pregnant woman with 80% disability, who was raped by her neighbour, terminated her 28-week foetus on Tuesday after the Madras High Court allowed her to undergo the procedure. Under the Medical Termination of Pregnancy Rules, termination of foetus is allowed only up to 24 weeks. The woman is suffering from Friedreich's Ataxia, a rare neurological condition that has led to paralysis of her limbs and 80% permanent physical impairment. The woman's mother did not notice her pregnancy in the early stages because of her condition. After noticing bodily changes, the woman took her daughter to the Government Medical Hospital in Chengalpattu where doctors confirmed that she was in her 28th week of pregnancy. Though the police registered a case against the accused for rape and criminal intimidation, the doctors at the hospital refused to terminate the pregnancy citing rules. The mother later moved the Madras High Court, seeking direction to the hospital to terminate her daughter's pregnancy. The woman cited pregnancy due to rape and her daughter's medical condition for seeking the court's intervention. Justice D Bharatha Chakravarthy, in his order, said that the woman, being a rape survivor, is entitled for medical termination of pregnancy. He further said that the outer limit of 24 weeks need not be held as a barrier in this case since the woman's mother noticed it only after 24 weeks because of her medical condition. The only consideration that has to be made is the matter of risk associated with the continuation or termination of the pregnancy by a Medical Board that can be constituted by the Dean of the Government Medical College Hospital, Chengalpattu, the court had ruled recently.
Time of India
27-05-2025
- Health
- Time of India
HEAD: 27_Che_KS_HC permits termination of 28-week pregnancy for 80% disabled rape survivo
Chennai: Madras High Court has permitted the termination of the 28-week pregnancy of an 80% disabled survivor of rape. The court said that although the 24-week limit permissible under the Medical Termination of Pregnancy Rules, 2003, had been crossed, the victim is entitled to medical termination of pregnancy. In view of the fact that the survivor is 80% disabled, her mother noticed only recently, by which time 24 weeks had elapsed. Therefore, the outer limit of 24 weeks need not be held as a barrier in this case, said Justice D Bharatha Chakravarthy said. The only consideration that must be made is the one suggested by a medical board. If the experts say termination is possible then it shall be done, notwithstanding the rules, the court stated. The court then directed the Dean of the Government Medical College Hospital, Chengalpet, to constitute a medical board at the earliest to examine all the risk factors and render an opinion. The termination should be performed immediately if that is the expert opinion or if it is not advisable, the petitioner should be informed, the judge added. The court passed the order on a plea moved by the mother of the victim. According to the petitioner, the victim was affected by chronic neurological conditions, and both her hands and limbs were completely paralysed. As of Oct 6, 2022, a disability certificate stating 80% permanent physical impairment was issued to the victim. On April 10, the petitioner, noting symptoms such as bloating of the stomach, became suspicious. Upon inquiry, she found out that a neighbour had sexual intercourse with her daughter and threatened to kill her if she revealed it to anyone. MSID:: 121441690 413 |
