Supreme Court Rejects Woman’s Plea for Late-Term Pregnancy Termination

In a recent decision, the Supreme Court of India declined a woman’s request to terminate her pregnancy, which had exceeded 26 weeks, as an AIIMS medical board had determined that the foetus was healthy and exhibited no abnormalities.
A bench led by Chief Justice D Y Chandrachud cited that the length of the pregnancy had surpassed the upper limit of 24 weeks for Medical Termination of Pregnancy (MTP), making it impermissible. The foetus, they stated, was 26 weeks and five days old, posing no immediate threat to the mother and showing no foetal abnormalities.
The apex court further explained that if a medical termination were conducted at this stage, doctors would face the dilemma of dealing with a viable foetus, which might encounter lifelong physical and mental disabilities. The delivery was slated to be carried out by the All India Institute of Medical Sciences (AIIMS) at an appropriate time, with the Union government undertaking all medical costs.
The bench also noted that should the petitioner decide to give the child up for adoption, the Union government would ensure a smooth and prompt process. However, it emphasized that the decision on adoption rested solely with the parents.
The Supreme Court had earlier sought a report from the AIIMS medical board regarding the presence of any abnormalities in the foetus. The case centered on a 27-year-old woman, a mother of two, who had been granted permission to terminate her pregnancy at AIIMS due to her post-partum psychosis following the birth of her second child.
Under the Medical Termination of Pregnancy Act, the upper limit for pregnancy termination stands at 24 weeks for married women, special categories, including survivors of rape, and other vulnerable groups like differently-abled and minors. The court grappled with the ethical dilemma of balancing the rights of the unborn child with a woman’s right to her bodily autonomy.
The contentious issue emerged when a member of the AIIMS medical board indicated that the foetus had a significant chance of survival, which ultimately led to a reevaluation of the case. The Supreme Court’s decision came after a two-judge bench had previously delivered a split verdict on the Centre’s plea to reconsider its initial order allowing the woman to terminate her pregnancy on October 9.
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