The Supreme Court of India has declined a woman’s request to terminate her 26-week pregnancy. The three-judge Bench, led by Chief Justice DY Chandrachud, made this decision based on a medical report indicating no abnormality in the foetus. The Court directed the All India Institute of Medical Sciences (AIIMS) in New Delhi to conduct the delivery at the appropriate time.
Court’s Decision:
The Supreme Court emphasized that the foetus is 26 weeks and 5 days old and that there is no medical evidence of any abnormality. In an earlier hearing, the Court stressed the importance of preserving the life of the foetus, stating that it is living and viable. The Court also highlighted the need to balance the rights of the child with those of the mother.
Forward-Looking Indian Law on Pregnancy Termination:
The Supreme Court noted that India possesses a progressive and forward-looking law concerning medical termination of pregnancy, distinguishing it from other countries. Chief Justice DY Chandrachud praised India’s law in this regard and highlighted its advanced stance. This perspective led to the Court’s careful consideration of the case.
Legal Journey:
Initially, a two-judge bench of the Supreme Court, on October 9, granted permission for the woman to undergo the procedure. However, a day later, one of the judges altered their decision. AIIMS had sought clarifications on how to proceed since the foetus appeared to be normal and viable. Consequently, the matter was brought before the three-judge bench.
Petitioner’s Circumstances:
The 27-year-old married woman, already a mother of two sons, had argued that her current pregnancy was unplanned. She expressed concerns about her family’s financial ability to support another child. Additionally, she mentioned her mental health, having previously received treatment for postpartum depression after the birth of her second child.
