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Supreme Court of India 2016-07-25 allowed

X. (Ms.) vs Union of India and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A 24-week pregnant woman with severe fetal congenital anomalies (excencephaly, omphalocele, and kyphoscoliosis) sought court permission to terminate her pregnancy. A Medical Board found the fetus incompatible with life and that continuation gravely endangered the mother's physical and mental health. The Supreme Court held that while Section 3 of the Medical Termination of Pregnancy Act, 1971 restricts termination to 20 weeks, Section 5 provides an exception where termination is necessary to preserve the mother's life or health. The Court granted liberty to the petitioner to terminate the pregnancy, recognizing the medical board's findings and the severe fetal abnormalities.

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Medical Termination of Pregnancy Reproductive Rights Constitutional Law Medical Law Maternal Health

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