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This is an archive article published on July 21, 2009

SC stays HC order on abortion of mentally challenged woman

SC stayed the order of the Punjab and Haryana High Court directing termination of the pregnancy of a mentally challenged orphan.

The Supreme Court on Tuesday stayed the order of the Punjab and Haryana High Court directing termination of the pregnancy of a mentally challenged orphan who was raped at a Nari Niketan in Chandigarh.

“We stay the operation of the High Court order,” a Bench headed by Chief Justice K G Balakrishnan said.

Following detection of pregnancy,the Chandigarh administration had earlier came to the conclusion that in her best interest,the woman,now approaching the critical 20th week of pregnancy,needed to undergo a medical abortion. The administration moved the Punjab and Haryana High Court seeking a nod for the decision. On July 17,the High Court gave the administration the go-ahead to have the pregnancy medically terminated.

After the expiry of the 20th week of pregnancy,it is illegal to abort a foetus as per provisions of the Medical Termination of Pregnancy Act.

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