The petitioner-woman filed a petition before Madhya Pradesh High Court submitted that she wanted to terminate her 24 weeks old pregnancy by a registered medical practitioner to throw out the bad incident of her life, whereby her boyfriend, also the father of the expected child, separated with her. On hearing arguments from both sides, High Court dismissed the petition stating that the reason given by the petitioner is not proper and lawful as in future there may be a possibility of a tie-up between them but the termination of pregnancy is beyond recall. Moreover, the petitioner came up with a plea very late.
The petitioner was a student of B.A final year and was in love with her classmate. The petitioner became pregnant and was having 24 weeks of pregnancy. Her boyfriend broke up with her and refused to marry her, hence, she does not want to carry forward her pregnancy stating it as a bad incident of her life. She approached the hospital for termination of her pregnancy very late as the pregnancy was of 24 weeks, hence, termination is not allowed in the Medical Termination of Pregnancy Act, 1971. Petitioner had also undergone an ultrasound and the report was normal. Neither physical abnormality was there nor was there any report of doctor which says termination is required.
The main aim and objective of the Medical Termination Pregnancy Act are to save the mother’s health, strength, and life by way of termination of pregnancy. The Act listed out certain exceptions under which the pregnancy can be terminated without attracting any offense under the IPC or any other law for the time being in force. According to section 3 of the act, only the registered medical practitioner can terminate the pregnancy, where pregnancy exceeds 12 weeks but does not exceed 20 weeks. And two registered medical practitioners are of opinion that the continuance of a pregnancy would involve risk of life to a woman or there is a substantial risk that if a child born, she would suffer physical or mental abnormalities. But the petitioner is falling in either of categories. Therefore, there is a complete bar for termination of pregnancy of the petitioner because the pregnancy has exceeded 20 weeks and the petitioner is not coming under the category of a grave injury to the mental health or physical and abnormalities to the child.