Main Media English

Get Latest News, India News, World News at Main Media English

Support Us

SC rejects plea by married woman to terminate 26-week pregnancy

IANS logo Reported By IANS |
Published On :

New Delhi, Oct 16 (IANS) The Supreme Court on Monday rejected a plea filed by a married woman to terminate her 26-week-long pregnancy.

A bench, comprising CJI D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, took note that the pregnancy had crossed 24 weeks and held that permitting the woman to carry on with the termination of pregnancy would violate Sections 3 and 5 of the Medical Termination of Pregnancy (MTP) Act.

Also Read Story

BharatRizin buys Celebrity Cricket League team Bhojpuri Dabanggs

Cong collects Rs 1.06 cr in 8 hrs after launching online crowdfunding campaign

Gangster, shot dead in court, killed due to rivalry in jail, says Bihar Police

Jacqueline moves Delhi HC seeking quashing of ED complaint

Man held in Odisha’s Sundargarh for killing two over petty dispute

PKL 10: Puneri Paltan win low-scoring thriller against Dabang Delhi, take top spot

DSP in Bihar’s Kaimur suspended for sexually harassing woman SI

Rottweiler bites kid in Goa; owner, caretaker booked

Kharge chairs meeting to discuss LS poll preparedness in UP (Ld)

According to the fresh AIIMS report, there is no immediate threat to the mother or the foetus.


The court noted that these are the only two exceptions to terminate a pregnancy beyond the outer limit of 24 weeks as per the MTP Act.

The top court directed the Centre to take care of the cost of all medical procedures. It further added that the woman would have the ultimate say on whether she wanted to keep the child upon being born or give it up for adoption.

The fresh report by AIIMS has made five points. Firstly, the woman has been suffering from postpartum psychosis. Secondly, the medicines she was prescribed have not seemingly affected the viability of the child. Thirdly, the report has prescribed a fresh routine of medicines for the woman.

The report has further submitted that no abnormalities were detected in the foetus.

The three-judge bench in the last hearing had sought a fresh report from AIIMS on the condition of the mother and the foetus and whether there was any impact of the medicines prescribed to the woman for treatment of post-partum psychosis on the health of the foetus.

During the hearing, counsel appearing for the woman interjected and said that the ultrasound could not determine completely the abnormalities in the foetus. He further appealed to the court to consider Section 5 of the MTP Act as he contended that the right to life of a pregnant woman should be interpreted in a wider context here.

Counsel emphasised that the woman is medically and financially incapable to care for the child or nurture the child.

ASG Aishwarya Bhatti, appearing for the Centre, submitted before the court that the choice is between pre-term delivery or normal delivery and it is no longer a pro-choice question.

Senior advocate Colin Gonsalves said that in international law today, there is no right of the unborn child. The right of the woman is absolute.

Gonsalves submitted before the court that according to international law, there are no rights of the unborn child or foetus. All abortions turn into the stopping of a foetal heart, Gonsalves said

“…thousands of abortions take place…the foetal heart thing is the govt of India policy. So to say it is surprising and shocking and a new phenomenon – it’s not right,” he told the court.

As Gonsalves further told the court that WHO has stated that the 24-week guideline is obsolete now, the CJI remarked: “I don’t think our law states that we can override our law based on WHO statement.”

Emphasising that it is the legislature’s job to make laws, the CJI stated that the challenge to law will be dealt with in separate proceedings and the present case is to be limited between the petitioner and the state.

The woman seeking termination has time and again told different benches of the apex court that she does not want to keep the baby. However, the judges are were divided on allowing the termination.

On October 9, a special bench allowed the woman to terminate her pregnancy. The Centre approached the CJI’s court for a recall order on the decision on the basis of the AIIMS report stating that the foetus is viable and there is a chance of survival is very much there.

The CJI put the order on hold and asked the bench to reconsider the order. Later, an all-women divisional bench gave a split verdict and referred the case to a larger bench.

–IANS

nupur/vd

(This report is auto-generated from IANS news service. 'Main Media' holds no responsibility for its content.)

Get involved in bringing the ground realities of Seemanchal. Click the "Support Us" button to join our membership.

Support Us

Related News

Bihar Police woman constable suspended for making reels inside Mahabodhi temple

Man City 51%, Liverpool 49%, Arsenal no chance: Mourinho on Premier League title race

Former postal official gets 4-year jail for misappropriation of funds

Ebix stock in record plunge after bankruptcy filing

Champions League: Holders Manchester City set to face Copenhagen in last 16; Arsenal to meet Porto

Industry stakeholders hail new Telecommunications Bill 2023

Parliament security breach case: Delhi Police opposes accused Neelam Azad’s plea for FIR copy

Leave a Reply

Your email address will not be published. Required fields are marked *