In a significant development, the Supreme Court has directed the All India Institute of Medical Sciences (AIIMS) to postpone the medical termination of a 26-week pregnant woman’s pregnancy. This decision comes just a day after the apex court had granted permission for the abortion.
The court’s revised stance was influenced by concerns raised by the central government, which sought a recall of the initial order. The order, passed by a bench comprising Justices Hima Kohli and B.V. Nagarathna, had given the green light for the termination based on the petitioner’s claim of suffering from post-partum depression. The petitioner, a mother of two, argued that she was not in a position, emotionally or financially, to raise a third child. The bench had observed,
“This Court does recognise the right of a woman over her body and the fact that if an unwarranted pregnancy results in a child being brought into the world, a large part of the responsibility of rearing such a child will fall on the shoulder of the petitioner, which at this point she doesn’t consider herself fit for.”
However, the central government, represented by Additional Solicitor General Aishwarya Bhati, highlighted that the medical board at AIIMS indicated that the fetus had a viable chance of being born, necessitating a foeticide procedure.
Responding to these concerns, Chief Justice D.Y. Chandrachud remarked,
“AIIMS doctors are in a very serious dilemma.”
He further added,
“Can you come with a formal application for recall (of the order)? We will place before the bench which passed the order… The AIIMS doctors are in a very serious dilemma… I will constitute a bench tomorrow morning. Please ask AIIMS to hold for now.”
The matter has been scheduled for a subsequent hearing on Wednesday. This case underscores the complexities surrounding medical terminations and the legal considerations that come into play.
