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  India   Rape survivor beats the law, SC allows abortion of 'abnormal' 24-week foetus

Rape survivor beats the law, SC allows abortion of 'abnormal' 24-week foetus

PTI
Published : Jul 25, 2016, 3:37 pm IST
Updated : Jul 25, 2016, 3:37 pm IST

The woman challenged the abortion law which prohibits termination of pregnancy after 20-weeks.

In her petition, the woman has alleged that she was raped by her ex-fiance on the false promise of marriage and became pregnant.
 In her petition, the woman has alleged that she was raped by her ex-fiance on the false promise of marriage and became pregnant.

The woman challenged the abortion law which prohibits termination of pregnancy after 20-weeks.

In a landmark judgement, the Supreme Court on Monday allowed a rape survivor to terminate her pregnancy after a medical panel set up by the apex court said that the 24-week foetus was abnormal.

The rape survivor had challenged the constitutional validity of the provisions of the abortion law which prohibits termination of pregnancy after 20 weeks even if there is a fatal risk to the mother and the foetus.

In her petition, the woman has alleged that she was raped by her ex-fiance on the false promise of marriage and became pregnant and sought a direction to quash section 3 (2)(b) of the Medical Termination of Pregnancy Act, 1971 to the extent that it puts a ceiling of 20 weeks for an abortion as it is ultra vires to Article 14 and 21 of the Constitution.

Her plea contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.