Autonomy of woman must trump, but what about unborn child?, SC asks junking woman's plea to abort 26-week foetus

The Supreme Court on Monday rejected the plea of a married woman seeking to terminate her over-26-week pregnancy owing to her medical conditions. The apex court said that since length of pregnancy had crossed 24 weeks, medical termination of pregnancy cannot be permitted.

New Delhi: The Supreme Court on Monday declined a plea by a married woman to terminate her over-26-week-old pregnancy, relying upon medical reports indicating no foetal abnormality or risk to the life of her mother due to her previous medications due to medical conditions.

The top court asked AIIMS, New Delhi, to provide all medical help and assistance to the woman to continue with her pregnancy till its full term.

Pronouncing the order, a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Mishra said medical termination of pregnancy cannot be allowed. 

The court also rejected an option to prematurely deliver the underdeveloped child. The bench said that the state may take care of the child after birth if the parents so desired.

The court went by the provisions of the Medical Termination of Pregnancy Act, saying Article 142 can be used to do complete justice but it should not be used in every case.

On October 13, the court had directed for fresh evaluation of physical and medical conditions of the woman, who sought permission for abortion due to her mental ailments. The court also ordered the medical board at AIIMS to ascertain the health of her foetus on Friday itself, while observing the Parliament has intended to maintain a balance between pro-choice and pro-life in such situations. The petitioner claimed she has been undergoing treatment for postpartum psychosis since October 10, 2022. 

On Thursday, the court had asked the woman to reconsider her decision to terminate the pregnancy as her foetus is a viable unborn child now and it can't kill her. The court also reflected upon a serious ethical dilemma for the doctors since terminating the pregnancy would amount to foeticide.

"Autonomy of woman must trump, but what about the unborn child, nobody is appearing for her. How do you balance out the rights of the unborn child," the bench had asked.

On Wednesday, two women judges of the Supreme Court disagreed on whether or not to allow the termination of a 26-week pregnancy of the woman, who was earlier allowed by the court to abort it.