Chief Justice Concerned As Supreme Court Allows Aborting 26-Week Pregnancy

Trying to strike a balance between the life of an unborn child and the pleas of a mother who said she would be unable to raise it, a Supreme Court bench headed by Chief Justice DY Chandrachud expressed concern and ordered a review of a judgment made by a two-judge bench of the same court. 

Yesterday, a different bench of the Supreme Court allowed the couple to abort their 26-week-old pregnancy after the petitioner argued that the woman, who is a mother of two children, is suffering from various health issues and from postnatal depression.

The Dilemma 

A medical board formed by AIIMS said the baby is currently viable (showing signs of life and having a strong possibility of survival) adding that they need a directive from the Supreme Court on whether a feticide( stopping the fetal heart) be performed before the termination of the 26-week-old unwanted pregnancy. 

The panel said the procedure is performed in cases when the foetus has an abnormal development, but it is generally not performed on a normal foetus. 

The AIIMS panel stressed that if a feticide is not performed then it will not be termed as termination, but a preterm delivery where the baby needs intensive treatment and care. A baby born preterm needs intensive care and there is a high possibility that it can cause physical and mental disability. 

Additional Solicitor General (ASG) Aishwarya Bhati told the bench headed by the Chief Justice that the report from AIIMS is not in accordance with the judgment that was given earlier. Ms Bhati said the foetus would be born alive and would be murder and not abortion of the baby. 

The Chief Justice of India understood the seriousness of the situation and ordered that a bench be constituted tomorrow to hear the matter.

The Previous Judgment 

Yesterday, a bench of Justice Hima Kohli and Justice BV Nagarathna said they respect the decision of the petitioner after the woman argued that she is a mother of two children and is suffering from various health-related issues. The woman said she is financially, emotionally and socially not in a position to raise a third child while she is already breastfeeding her second child.

The woman, in her petition, said the medical report mentioned that pregnancy does not occur during Lateral Amenorrhea, adding that she didn't know whether she could get pregnant again.

The AIIMS panel said a directive needs to be given on whether the parents agree to raise the child considering that it could cause a major physical, emotional and financial toll on the couple. If the couple agrees to adoption, then a clear process should be laid out to ensure a better future for the baby.

Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape and other vulnerable women such as the differently-abled and minors.