Abortion plea: Foetus gets another three days to live, SC to hear matter on October 16

New Delhi [India], October 13 : In the ongoing petition for medical termination of the pregnancy of a married woman who is over 26 weeks pregnant, the foetus gets another three days to live as the Supreme Court on Friday sought a report from AIIMS on various aspects, including whether the foetus is suffering from any substantial abnormality.
The apex court also listed the matter on October 16 for further hearing on matters relating to the termination of over 26 weeks' pregnancy.
The report was sought from AIIMS keeping in mind the Medical Termination of Pregnancy (MTP) Act. The case at hand revolves around a plea for the medical termination of a pregnancy by a married woman, aged 26 years, and the proceedings have ignited discussions about the intersection of pro-choice legislation and the protection of fetal life.
The court was hearing a woman's plea seeking termination of 26 weeks' pregnancy whereas the Centre has filed an application seeking recalling of the top court's order by which the lady's petition has been allowed.
A bench of Chief Justice of India DY Chandrachud, also comprising Justices JB Pardiwala and Justice Manoj Misra asked the AIIMS medical board to give a report on various aspects including one that whether the foetus is suffering from any substantial abnormality as provided by subsection 2(b) of section 3 of the MTP Act.
The top court noted that an earlier report by AIIMS opined that the child appeared to be normal but to avoid any doubts, it is seeking another report.
The top court also asked to carry out their own evaluation of the mental and physical condition of the woman and sought to know if there was any evidence to suggest that the continuance of full-term pregnancy would be jeopardized by drugs prescribed for treating her mental ailment.
The top court also asked AIIMS to find out if the woman is suffering from postpartum psychosis and what kind of alternate medication is available to protect the foetus. The top court asked the woman to appear before the medical board at 2 p.m. today.
During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for Centre, told the Supreme Court that they were not able to persuade the woman for not going for termination of pregnancy.
ASG Bhati appealed to SC to separate the determination of the law and the woman's case, as she is still vulnerable. ASG Bhati has taken the court through the MTP Act and told the SC that India is pro-choice legislation and hence women's autonomy is important.
ASG Aishwarya Bhati told the SC that we have not found any single country that goes beyond 24 weeks. The court also raised the point on the aspects of how to define life. "Is life viable outside the womb or is it a living creature when it is conceived," the court said adding that it is not going into this. However, CJI pointed out that they permit termination for foetal abnormality because it would affect the quality of life of parents as well as the child's quality of life too.
ASG Bhati informed the court that once the woman agreed and appealed to leave it on the medical opinion as it depends from woman to woman. She assured the court that the state would do whatever is required to take care of the child.
The woman's lawyer Amit Mishra told the SC that the woman is 26 years' old who got married in Dec 2017. The woman's lawyer told the SC that she got heavy symptoms of post-partum psychosis after her second delivery and complaint of abnormal behaviour. The lawyer submitted to SC that her treatment started in Oct 2022.
When CJI remarked that they shall ask the AIIMS to give report medicine to cure post-partum psychosis that has caused foetal abnormality. ASG Bhati told the SC that the ultrasound report suggests it is normal.
The woman's lawyer told the SC about her medical conditions and said if she does not take medicines for even a single day, she can't sleep, gets hallucinations, attempts to commit suicide and even tries to harm her child. "That's why the children are with the woman's mother-in-law," the lawyer told the Supreme Court.
The matter was referred to the three-judge bench after the two-judge bench on October 11 gave a split order on the married woman's plea seeking termination of her 26-week pregnancy. The Supreme Court on Wednesday gave a split order on the married woman's plea seeking termination of a 26-week pregnancy as one of the judges ruled against the termination while the other judge expressed disagreement and said that the woman's decision must be respected to undergo the procedure of termination of her pregnancy.
A two-judge bench of justices Hima Kohli and BV Nagarathna gave the split decision while hearing the Centre's plea seeking recalling of its earlier order allowing the woman to undergo the procedure of termination of her pregnancy.
Justice Hima Kohli said that her judicial conscience does not allow her to permit termination. Expressing disagreement, Justice BV Nagarathna said that the woman's decision to undergo termination of her pregnancy must be respected.
The woman has submitted an affidavit stating she does not wish to carry out her pregnancy due to her mental condition and ailments.
On October 9, a bench of justices Hima Kohli and BV Nagarathna directed the woman to visit the Obstetrics and Gynaecology Department, AIIMS, New Delhi on October 10, 2023. The court had also directed the AIIMS to admit the petition to undergo the procedure of termination of her pregnancy at the earliest with follow-up as may be advised by the treating doctors.
Yesterday Additional Solicitor General Aishwarya Bhati apprised the court about the fact related to termination of pregnancy to a bench headed by Chief Justice of India DY Chandrachud. She told the court that the medical board had opined that the baby had a viable chance of being born, which may cause foeticide.
The court on Tuesday also noted that AIIMS doctors are in a serious dilemma and directed AIIMS to defer the medical termination of the pregnancy.