SC grants liberty to terminate 24-weeks-old abnormal foetus

July 25, 2016

New Delhi, Jul 25: The Supreme Court today granted liberty to an alleged rape survivor to terminate her 24-weeks-old abnormal foetus.

foetusA bench of Justices J S Khehar and Arun Mishra perused the report of the medical board of a Mumbai hospital stating that the continuance of pregnancy would gravely endanger the physical and mental health of the mother.

The bench considered the report of the seven-member medical board of King Edward Memorial College and Hospital at Mumbai which said that the foetus has multiple severe abnormalities.

It passed the order after taking assistance of Attorney General Mukul Rohatgi who said that there is a provision in the Medical Termination of Pregnancy Act, 1971 which allows the termination of pregnancy after 24 weeks if there is a threat to the life of the mother.

"We grant liberty to the petitioner and if she desires to terminate the pregnancy, she is permitted," the bench said.

The bench further said it is satisfied with the diagnosis of the medical board which has opined that the termination of pregnancy can be done.

The apex court had on July 22 asked the medical board to examine the woman and submit its report before it.

The apex court had earlier sought reply from the Centre and the Maharashtra government on the plea of the alleged rape survivor, who has also challenged the constitutional validity of 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 has contended that the ceiling is unreasonable, arbitrary, harsh, discriminatory and violative of the right to life and equality.

The woman has also sought an order for the Centre to provide necessary directions to hospitals for setting up an expert panel of doctors to assess the pregnancy and offer medical termination of pregnancy (MTP) at least to those women and girls who are survivors of sexual violence and have passed the period of 20 weeks.

The woman, who is in 24th week of pregnancy, has said she belongs to a poor background and her physical and mental health have been put at risk due to the 20 weeks limit for abortion as her foetus suffers from anencephaly (a serious birth defect in which a baby is born without parts of the brain and skull) but doctors have refused to abort it.

She has said that the foetus has abnormalities and will cause mental distress to the mother and challenged the constitutional validity of section 3(2) of the Medical Termination of Pregnancy Act prescribing a ceiling of 20 weeks.

The plea also said the expression "save the life of the pregnant woman" in Section 5 of the MTP Act, should include "the protection of the mental and physical health of the pregnant woman" and also incorporate situations where serious abnormalities in the foetus are detected after the 20th week of pregnancy.

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News Network
April 2,2020

Mumbai, Apr 2: NCP chief Sharad Pawar on Thursday

urged Muslims to observe Shab-e-Barat staying inside their homes, and also suggested that the birth anniversary celebrations of Dalit icon Dr B R Ambedkar be postponed in view of the coronavirus outbreak.

Pawar said Ram Navami, being observed on Thursday, is celebrated with fervour every year across the country.

"Unfortunately, there is this threat of coronavirus this year and we have to observe some restrictions...but I am sure people must be remembering Lord Ram staying inside their homes," he said in his address via Facebook.

Shab-e-Barat, also known as the night of forgiveness,will be observed on April 8.

Members of the Muslim community visit graveyards to remember their relatives who are no more, Pawar said, and called for taking precautions to avoid gathering of people given the coronavirus crisis.

Pawar said congregation such as the one held last month in Delhi's Nizamuddin area by Tablighi Jamaat could have been avoided, and urged people to ensure there is no repeat of such meetings on Shab-e-Barat.

"The meeting should have been avoided, but it was notand others may have to pay for it," Pawar said referring to the religious meeting in the national capital.

He said the "possibility of some people who attended the meeting carrying the disease cannot be ruled out" and pressed for maintaining discipline given the situation caused by the COVID-19 outbreak.

"Shab-e-Barat is on April 8. Muslims remember their relatives, who are not more, by visiting kabrastan (graveyard). It should be observed inside home. Precaution should be taken to see there is no repeat of the Nizamuddin meeting-like episode," he said.

The birth anniversary of Ambedkar, the architect of the Indian Constitution, is observed on April 14.

Pawar said people should also think about postponing Ambedkar's birth anniversary celebrations.

"We normally celebrate it (the anniversary) for two or so months. We should think whether we should really observe the programme at this juncture (given the coronavirus threat).

If we come together, we may have to face health issues," the former Union minister said.

He said in general, 90 per cent people have been observing the lockdown, but 10 per cent are not doing so.

The Centre and the Maharashtra government may have to extend the lockdown period if discipline is not observed till April 14 (till when the lockdown is in force), he said, urging people to toe the line in the interest of each other.

Pawar also praised Chief Minister Uddhav Thackeray, the state administration and police for working round-the- clock, and asked people to cooperate with them by staying at home.

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News Network
March 27,2020

Srinagar, Mar 27: Over 180 people with undeclared recent travel histories have been traced and shifted into quarantine in Srinagar, officials said.
"COVID-19: Over 180 persons with undeclared recent travel histories have been traced and shifted into quarantine this past week in Srinagar. Some 200 more complaints are being verified. Just hoping no one is infected as it's just too hard to even imagine the possible consequences." Srinagar district administration tweeted.
The Ministry of Health and Family Welfare had earlier on Thursday reported 88 new COVID-19 cases, which is the highest in a single day, taking the total countrywide tally to 694.

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News Network
January 7,2020

Mumbai, Jan 7: Against the backdrop of the attack on JNU students, the Shiv Sena on Tuesday hit out at Prime Minister Narendra Modi and Union Home Minister Amit Shah, alleging that what they wanted was happening, and said such "brutal politics" was never seen before in the country.

An editorial in Shiv Sena mouthpiece 'Saamana' further alleged that the BJP wanted to see "Hindu-Muslim riots" over the Citizenship Amendment Act, but that did not happen.

Since the BJP has been cornered over the issue of CAA, several things are happening out of "revenge", it said.

Comparing the attack on Jawaharlal Nehru University (JNU) students to the 26/11 Mumbai terror strikes, the Shiv Sena said: "divisive politics" was dangerous for the country.

It said the Union Home Ministry's decision to file cases against "unknown" attackers at JNU was laughable. "Those who entered JNU with masks are not unknown," it claimed.

On Sunday, a mob of masked young people stormed the Jawaharlal Nehru University (JNU) campus in south Delhi and targeted students in three hostels, unleashing mayhem with sticks, stones and iron rods, hitting inmates and breaking windows, furniture and personal belongings.

Nearly 34 people were injured in the violence.

"The fallout of JNU attack is being seen elsewhere in the country...what Modi and Shah want is happening. The country is in danger. Divisive politics is dangerous for the country," the Uddhav Thackeray-led party said.

Terrorists who attacked Mumbai on November 26, 2008, were also masked and the same was seen at JNU. Such elements need to be exposed, it said.

"Allowing blood stains in universities, colleges and beating up of students and indulging in politics over the burning situation...such brutal politics was never seen before," the Marathi publication said while terming the attack on JNU students as a "blot" on the law and order situation.

Lashing out at Amit Shah, the Sena said he his in Delhi and busy distributing official pamphlets door-to-door to promote the Citizenship Amendment Act.

There is "confusion and unrest" in the country over the new citizenship law, it pointed out.

"The BJP wanted to see Hindu-Muslim riots over the issue, but that did not happen. The nationwide protests are not being done by Muslims alone. Hindus will also be affected due to the new Act," the Shiv Sena said.

It said the BJP has been cornered over the CAA issue.

Since the prevailing situation is "BJP versus the rest", hence "out of revenge", several things are happening, the Marathi daily said, adding that "there is room for doubt if the JNU attack was part of the revenge."

The BJP has condemned the violence and said universities should stay away from politics, it noted.

"Who brought violence and politics in universities in the last five years? Who is implementing the policy of destroying those who don't agree with your ideology by use of power?" it asked.

Without taking any name, the Sena said those who call students opposing the CAA as anti-nationals, are themselves anti-national.

"When Amit Shah accuses Congress leaders Rahul Gandhi and Priyanka Gandhi of inciting violence, he admits that the Gandhi siblings have that much power to create mass awareness against a law brought in by the Centre and bring people to streets," the Sena said.

One cannot say if the Gandhi siblings incited violence, but one thing is sure that the Union Home Minister and his party are forced to distribute pamphlets to "clarify" on the new citizenship law, it said in sarcastic comments.

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