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The Supreme Court has reserved its verdict on a woman’s petition seeking a directive to AIIMS to terminate her pregnancy, which is over 26 weeks. A fresh medical report from the AIIMS medical board confirmed the petitioner’s post-partum psychosis and noted that the fetus has not been adversely affected by her medication.
On Friday, the Supreme Court had requested a report from the medical board to determine whether the woman’s fetus had any abnormalities. The court’s three-judge bench, headed by Chief Justice D Y Chandrachud, emphasized the need for an additional report to eliminate any doubts in this regard.
The woman had approached the court earlier this month, explaining that she was unaware of her third pregnancy due to a condition called lactational amenorrhea, which hinders menstruation. She also cited postpartum depression and financial difficulties as reasons for seeking the termination.
Under the Medical Termination of Pregnancy (MTP) Act, the maximum limit for pregnancy termination is 24 weeks for married women, as well as special categories, such as survivors of rape and other vulnerable women, including those with disabilities and minors.
During the proceedings, senior advocate Colin Gonsalves argued that the 24-week guideline is considered obsolete by the World Health Organization (WHO). However, Chief Justice Chandrachud noted that the law cannot be overridden based solely on a WHO statement. He clarified that the challenge to the pregnancy termination law would be addressed separately, with the current case focusing on the petitioner and the state.
