26-Week Pregnant Woman’s Delayed Abortion Case Raises Urgency Concerns
In a recent case that has sparked urgency concerns, a 26-week pregnant woman’s delayed abortion request has reached the attention of India’s apex court. The woman had initially approached the high court on August 7, seeking permission for a delayed abortion due to health reasons. The high court promptly constituted a medical board to assess the status of her pregnancy and her overall health. The medical college where she was examined submitted the report on August 10.
However, the apex court noted that although the report was taken on record by the high court on August 11, there was a significant delay of 12 days before the matter was listed, losing sight of the fact that time was of the essence. Furthermore, the petitioner’s counsel highlighted that the case status displayed on August 17 indicated that the petition had been rejected by the high court, yet no reasons were given for the decision, and the order was not uploaded on the high court’s website.
Concerned about the unnecessary delay and lack of urgency in addressing the sensitive matter, the apex court has directed the secretary general to inquire about the uploading of the impugned order. The petitioner, represented by advocate Vishal Arun Mishra, informed the court that by the time the case was listed on August 17, the petitioner had already reached her 26th week of pregnancy.
The court emphasized that valuable time had been lost due to postponement, urging that such cases require a sense of urgency rather than a lackadaisical approach. To address the situation, the court scheduled the case as the first item on August 21 and sought a response from the state government and relevant agencies on the plea.
In the meantime, the petitioner’s counsel requested a fresh report from the medical board, as the petitioner is now 27 weeks and two days pregnant. The court directed the petitioner to undergo another examination and submit the latest status report by 6 PM the following day.
The court also expressed its need to review the high court’s order to determine its correctness but noted that it was awaiting the order. Additionally, the court inquired about the report filed by the medical board before the high court, which indicated that the termination of pregnancy was feasible.
It is crucial to mention that under India’s Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for specific categories, including married women, rape survivors, vulnerable women, such as individuals with disabilities and minors.
The case of the 26-week pregnant woman highlights the significance of addressing such matters with utmost urgency. The delay in listing the case and the lack of transparency regarding the high court’s order have drawn the attention of the apex court, which is now taking proactive measures to resolve the situation promptly.
