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New Delhi: On Monday, The Supreme Court refuses to allow married woman to terminate her over 26-week pregnancy. Chief Justice of India DY Chandrachud said, “Pregnancy is 26 weeks and 5 days. Allowing termination of pregnancy will be a violation of Sections 3 and 5 of the Medical Termination of Pregnancy Act as there is no immediate danger to the mother, and this is not a case of foetal abnormality.”
The Chief Justice further said, “We cannot stop the heartbeat.” The court said that the woman would receive treatment at AIIMS. Earlier, a woman had sought termination of 26 weeks of pregnancy on account of her illness, while the Centre has filed an application seeking a recalling of the top court’s order by which the woman’s petition had been allowed.
The court relied on a report by the All India Institute of Medical Sciences that said there is no abnormality in the child.The Supreme Court said that the parents of the woman can make the decision of whether to give the child up for adoption.
The State is directed to bear all medical costs. The petitioner sought termination of her pregnancy on the ground that she is suffering from post partum psychosis. Under the MTP Act, the upper limit for termination of pregnancy is 24 weeks for married women, including survivors of rape, and other vulnerable women such as the differently-abled and minors.
The CJI gave the decision after going through the fresh AIIMS report. There is no issue if the woman continues with the pregnancy, as per the AIIMS report. The report said she has postpartum psychosis but the medication she is taking is not harming the child. In the last hearing, the petitioner had requested for permission to kill the child through a court order. A mother of two, the woman has said she is suffering from depression and is not in a position to raise a third child, emotionally or financially.
