'No Immediate Threat To Mother's Life': SC Rejects Plea Seeking Abortion Of 26-Week Pregnancy

The Supreme Court today rejected the plea of a married woman to abort her 26-week pregnancy on the ground that she was suffering from post partum psychosis after her previous delivery in September 2022. This is her third pregnancy, as per reports.

A three-judge bench headed by Chief Justice DY Chandrachud has passed the order, emphasising that the court must balance the rights of the unborn child with the choice of the mother.

The Court passed the verdict this afternoon nearly a week after a division bench gave a split verdict in the matter on October 11.

UNSPLASH

What Supreme Court said

"The length of the pregnancy has crossed 24 weeks and it is approximately 26 weeks and 5 days old. The medical termination of the pregnancy cannot be permitted," the bench said.

The Court today directed the delivery of the child to be conducted at the All India Institute of Medical Sciences (AIIMS). The parents of the child are free to give the baby up for adoption if they wish to do so, the Court added.

"Medical Termination of pregnancy cannot be allowed. Article 142 can be used to do complete justice. But it should not be used in every case. Here doctors will face a viable of foetus. The delivery is to be conducted by AIMS at the appropriate time. Should the couple wish to give up the child for adoption the centre will assist the parents. The choice to give the child up for adoption depends on the parents," the Court said.

The CJI, however, pointed out that India has specific laws on these matters which have to be complied with.

"We have our own laws. Exceptions (where abortions are permitted beyond a certain limit) are to foetal abnormalities and to save life of a pregnant woman. In the absence of a challenge to the validity of the (MTP) Act, we have to consider the law as it is. Keep your powder dry for the challenge to the validity of the law. Government of India cannot act contrary to the mandate of this statute," the CJI observed.

Given the advanced stage of the pregnancy, the CJI had earlier questioned if the only course available was to put the unborn child "to death under a judicial order."

Why the bench was constituted

The CJI constituted the bench also comprising of Justices JB Pardiwala and Manoj Misra on Thursday after the two-judge bench, which initially heard the recall plea by the Central government, gave a split verdict.

BCCL

On Wednesday, the all-women bench of Justice Hima Kohli and Justice B V Nagarathna had pronounced a split verdict on the Centre's plea for recall of its October 9 order granting permission to the woman to terminate her pregnancy, with one judge voicing her disinclination to allow abortion and the other asserting that the woman's decision "must be respected".

How two SC judges disagreed on abortion

While Justice Hima Kohli wondered which court will say "stop the heartbeat of a foetus" and made it clear she was not inclined to permit the 27-year-old woman to terminate her pregnancy, Justice B V Nagarathna said the court should respect the decision of the woman who has remained determined to abort it.

PEXELS

What is the case?

The apex court had on October 9 allowed the woman, a mother of two, to proceed with medical termination of pregnancy after taking note that she was suffering from depression and was not in a position to raise a third child emotionally, financially and mentally.

However, the Central government, citing the AIIMS medical report indicating the foetus is "viable", i.e., it shows signs of life and has a strong possibility of survival, sought a recall of its order.

Why Bombay HC allowed abortion of 29-week pregnancy

Incidentally, on October 9, the Bombay High Court had allowed the medical termination of a 29-week-old pregnancy of a mentally and physically challenged 25-year-old rape victim from Kolhapur.

A division bench comprising Justice Revati Mohite-Dere and Justice Gauri Godse perused the report of a medical board formed on October 5, which recommended the medical termination of pregnancy (MTP)for the victim, considering her physical and mental condition.

UNSPLASH

The Medical Board said that the woman has cerebral palsy with paraparesis affecting both her lower limbs and intellectual disability, both at 50 per cent and continuing the pregnancy at 29th week arising out of the alleged rape could further be detrimental to her mental health.

"Considering the Medical Report, we deem it appropriate to permit the petitioner, who is victim of sexual assault and is also suffering from physical and intellectual disability, to terminate her pregnancy of 29 weeks," ruled the judges in the plea filed by the woman's father.

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