SC Rejects Woman's Plea Seeking Termination Of 26-Week Pregnancy As 'No Abnormality' Found In Foetus

A three-judge bench, led by Chief Justice of India DY Chandrachud, said that since the length of pregnancy has crossed 24 weeks, medical termination of pregnancy cannot be permitted.

Supreme Court Of India

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New Delhi: The Supreme Court on Monday rejected the plea of a married woman who has sought termination of her over 26-week pregnancy on account of her illness.

A bench of Chief Justice of India DY Chandrachud, also comprising Justices JB Pardiwala and Justice Manoj Misra, said that since the length of pregnancy has crossed 24 weeks, medical termination of pregnancy cannot be permitted.

The bench also said that there is no immediate threat to the mother and this is not a case of foetal abnormality.

All India Institute of Medical Science (AIIMS) on Monday informed the Supreme Court that no abnormality has been detected in the unborn and with proper care and treatment under appropriate medical supervision, the mother and baby can be managed well during pregnancy and postpartum psychosis.

"It is felt that with proper care and treatment under appropriate medical supervision, the mother and baby can be managed well during pregnancy and postpartum as has been previously evidenced by her response to medications. In case of worsening of symptoms she may be admitted and treated," AIIMS report said.

The apex court had earlier sought a second opinion from the AIIMS medical board on whether the foetus is suffering from any abnormality.

Additional Solicitor General Aishwarya Bhati submitted the AIIMS report and the report said that the woman has a past history of postpartum psychosis, currently controlled on medications. However, the report also said that as assessed by USG and Fetal Echo, the fetus does not have any structural anomaly at the present time.

The bench was hearing arguments on the Centre's application seeking recall of the apex court's October 9 order permitting the 27-year-old woman, a mother of two, to undergo termination of pregnancy at AIIMS.

Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape, and other vulnerable women such as the differently-abled and minors.