HIGH COURT OF KERALA DISMISSES PLEA THAT SEEKS TO STRIKE DOWN SECTION 3 IN THE MEDICAL TERMINATION OF PREGNANCY ACT THAT ALLOWS ABORTION IN CERTAIN CASES

Section 3 of the MTP act allows abortion in certain cases before 20 weeks such as,

  1. If the pregnancy threatens the life of the mother.
  2. If there is a risk involved such as the child being born with serious physical or mental abnormalities.
  3. If such pregnancy arose out or rape.
    4 If such pregnancy arose due to failure in contraceptions.

The petitioner contended that such provision unnecessarily violates the right to life of the child. Dismissing the petition the court held that such provision was incorporated with the intention of protecting the life of the pregnant mother and helping in controlling the birth of any child that may be born with severe abnormalities with remote chance of survival.
The court further held that,
“..it cannot be said that everyone, who is not
interested to continue with the pregnancy, is entitled as of right, to seek
medical termination of pregnancy on any grounds other than the one
mentioned under Section 3 of the Act. Furthermore, it is clear and evident
from the provisions of Prohibition of Sex Selection Act, 1994, that any medical
termination of pregnancy, which is sought on the basis of sex, selection and
determination, is punishable as per the provisions of the said Act.”

Cry for Life Society and ors. v. Union of India and ors.

WP (C)10130 of 2013 (S)

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