New Delhi: The Supreme Court on Monday rejected a plea by a married woman seeking termination of her over 26-week-old pregnancy and asked AIIMS, New Delhi, to provide all medical help and assistance to the woman to continue with her pregnancy till its full term.
A bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Mishra said medical termination of pregnancy cannot be allowed. The apex court also refused to exercise the option of prematurely delivering an underdeveloped child. The bench said that the state may take care of the child after birth if the mother so desires.
The apex court said Article 142 can be used to do complete justice but it should not be used in every case. On October 13, the Supreme Court had asked AIIMS medical board to examine if there is any abnormality in the foetus of a married woman, who has been pregnant for more than 26 weeks now. The apex court also asked the medical board to examine the health status of the woman who claimed to suffer from depression and severe postpartum psychosis.
The top court noted that advocate Amit Mishra, counsel for the woman, submitted a bunch of prescriptions that the petitioner has been getting treatment for postpartum psychosis since 10 October 2022. The bench said the initial handwritten prescription doesn't specify that the nature of the ailment for which the drugs were administered and observed that all prescriptions are silent on nature of ailment
The Chief Justice said having regards to the Medical Termination of Pregnancy Act, it would be necessary to have a medical opinion of AIIMS on the following: whether the foetus is suffering from any abnormality? Whether there is any evidence to suggest that continuance of pregnancy full term would be jeopardized by drugs prescribed?
The apex court noted that the earlier report of AIIMS states that the foetus is normal, in order to place the matter beyond doubt, further report may be submitted. The Chief Justice said AIIMS is at liberty to carry out its own independent evaluation of the mental and physical condition of the petitioner. The apex court asked the petitioner to appear before the AIIMS medical board and scheduled the next hearing in the matter on Monday.
On Thursday , the apex court asked the 26-week pregnant woman to reconsider her decision to terminate the pregnancy and carry the pregnancy for a few more weeks so that the child isn't born with any deformities. A bench led by the Chief Justice of India stressed that there are rights of the unborn child too and woman's autonomy is important of course. The bench said she has a right under Article 21 but equally, “we must be conscious of the fact that whatever is done will affect the right of the unborn child”.
The bench told the petitioner’s counsel, “who is appearing for the unborn child? You're for the mother…..How do you balance the rights of the unborn child? It's a living viable foetus. Today its chances of survival are there….”. On Wednesday, two women judges of the Supreme Court disagreed on whether to allow or not the termination of a 26-week pregnancy of a married woman, who was earlier allowed by the court to abort it. The case was placed before the Chief Justice of India D Y Chandrachud for the constitution of a larger bench to decide the issue.
Also read: "We cannot kill child, there are rights of unborn child too," says CJI in abortion case
