SC rejects plea of a woman seeking termination of her 26-weeks pregnancy

The Supreme Court on Monday rejected the plea of a woman seeking termination of her 26-week pregnancy. The woman had sought the termination on account of her illness.

"Woman's pregnancy is 26 weeks and 5 days old, there is no immediate threat to mother and this is not a case of foetal abnormality," the SC said. Further, the SC said that since the length of pregnancy has crossed 24 weeks, medical termination of pregnancy cannot be permitted.

Facing a moral quandary concerning the conflicting rights of the unborn child and a woman's autonomy over her body, a panel led by Chief Justice DY Chandrachud acknowledged the recent AIIMS medical board report which affirmed that the petitioner is experiencing post-partum psychosis and the foetus hasn't been adversely affected by her medication.


SC had clarified that the legal challenge to abortion laws will be addressed in separate proceedings, while the current case will remain focused on the petitioner and the state. Previously, the Supreme Court had requested a second evaluation from the AIIMS medical board to determine if the fetus, at over 26 weeks, exhibited any abnormalities.

The bench was hearing arguments on the Centre's application seeking recall of the apex court's October 9 order permitting the 27-year-old woman, a mother of two, to undergo termination of pregnancy at AIIMS.

The Centre conveyed its inability to avert the married woman from pursuing her petition. The woman pleaded for an immediate termination of her pregnancy.

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.

The issue arose after one of the doctors of the AIIMS medical board, which examined the woman and filed a report dated October 6 in the apex court, sent an e-mail on October 10 saying the foetus had a strong possibility of survival.