Supreme Court Denies Plea for Termination of 26-Week Pregnancy: No Immediate Threat to Mother and No Fetal Abnormality Detected
New Delhi: In a recent ruling, the Supreme Court of India has rejected the plea of a married woman who sought the termination of her over 26-week pregnancy due to her illness. The bench, led by Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, stated that medical termination of pregnancy cannot be permitted once the length of pregnancy has exceeded 24 weeks. The court also underlined that there is no immediate threat to the mother’s health and that there is no fetal abnormality in this case.
A report presented by the All India Institute of Medical Science (AIIMS) confirmed that no abnormality has been detected in the unborn child. The report emphasized that with appropriate medical care and supervision, both the mother and baby can be effectively managed during pregnancy and postpartum. The AIIMS report further stated that the woman’s past history of postpartum psychosis has been controlled with medication, and the current observations indicate that the fetus does not have any structural anomalies.
The Supreme Court had previously sought a second opinion from the AIIMS medical board to assess if the fetus was suffering from any abnormalities. Additional Solicitor General Aishwarya Bhati submitted the AIIMS report, which confirmed the absence of any structural anomaly in the fetus at present. The woman, a 27-year-old mother of two, was permitted to undergo the termination of pregnancy at AIIMS through the Supreme Court’s October 9 order.
Under the Medical Termination of Pregnancy (MTP) Act, the termination of pregnancy is legally permissible until 24 weeks for married women, as well as for special categories such as survivors of rape, differently-abled individuals, and minors.
This ruling by the Supreme Court has sparked discussions and debates regarding the timeframe for terminating pregnancies and the associated legal considerations. While some argue that the 24-week limit is necessary to protect the rights of the unborn child, others advocate for more flexible guidelines to accommodate cases where the mother’s health is at risk or when fetal abnormalities are detected. It remains to be seen whether this decision will prompt further discussions and potential reforms in the existing regulations.
In conclusion, the Supreme Court has rejected the plea for the termination of a 26-week pregnancy, citing that the length of pregnancy has exceeded the legally permissible limit of 24 weeks. The court also noted the absence of any immediate threat to the health of the mother and the absence of fetal abnormalities. This ruling has reinvigorated debates surrounding the termination of pregnancies and the need for a more nuanced approach within the existing legal framework.
