The Supreme Court has declined a woman’s request to terminate her pregnancy, which had exceeded the 26-week mark. The woman, who was diagnosed with post-partum psychosis, sought the court’s permission to direct the All India Institute of Medical Sciences (AIIMS) to carry out the termination.
The court, led by Chief Justice of India DY Chandrachud, based its decision on the fact that the pregnancy did not pose an immediate threat to the woman, and the case did not involve any fetal abnormality. Consequently, the court denied permission to terminate the pregnancy and suggested that the state could provide care for the child once born.
Furthermore, the Supreme Court stated that the woman’s parents could decide whether to offer the child up for adoption. Additionally, the woman would receive further medical treatment at AIIMS, and the cost of the medical procedure would be covered by the State.
The woman had approached the court, explaining that she was unaware of her third pregnancy due to a condition known as lactational amenorrhea, which prevents menstruation. She also cited suffering from postpartum depression and facing challenging financial circumstances.
Under the Medical Termination of Pregnancy (MTP) Act, termination of pregnancy is generally permitted up to 24 weeks for various categories, including married women, survivors of rape, and vulnerable groups like minors and differently-abled individuals.
Senior advocate Colin Gonsalves, representing the petitioner, argued that the 24-week guideline had been termed “obsolete” by the World Health Organization (WHO). Nevertheless, the medical board at AIIMS confirmed the petitioner’s medical condition and stated that continuing with the pregnancy would not have adverse health consequences.
