The Supreme Court declined to entertain the plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy. The bench, headed by Justice B R Gavai, cited the foetus's fundamental right to life as it passed the order during the hearing challenging the Delhi High Court's May 3 ruling, which also refused termination of the pregnancy. Asserting the foetus's entitlement to life, the bench, comprising justices S V N Bhatti and Sandeep Mehta, emphasised that any decision must align with existing statutory provisions.
Legal framework
The counsel representing the woman contended that the Medical Termination of Pregnancy (MTP) Act primarily addresses the mother's rights. However, the bench raised concerns about the foetus's right to survive, particularly given the advanced stage of pregnancy.
Challenges faced
The petitioner's counsel highlighted her traumatic circumstances, citing her inability to face society and engage in daily activities, including attending NEET exam classes. Stressing her mental and physical well-being, the lawyer appealed for compassionate consideration.
High Court ruling
The Delhi High Court's May 3 verdict noted the absence of congenital abnormalities in the foetus and the lack of danger to the mother's health necessitating termination. It emphasised that since the foetus was viable and healthy, termination would neither be ethical nor legally permissible.
Medical assessment
Earlier directives by the high court mandated a medical board assessment by the All India Institute of Medical Sciences (AIIMS) to evaluate both the foetus's condition and the petitioner's health. The medical report confirmed the absence of foetal abnormalities and risks to the mother's well-being, reinforcing the decision against termination.
Legal limitations
The petitioner's case rested on exceeding the legally permissible 24-week termination limit under the MTP Act. However, without substantial foetal abnormalities or threats to the mother's life, termination beyond this period is not sanctioned by law.
Concluding remarks
The Supreme Court's decision underscored the complexity of late-term pregnancy terminations, balancing the rights and well-being of both the mother and the foetus. While empathising with the petitioner's circumstances, the court upheld the statutory framework governing such sensitive medical procedures.
Also read | Andhra Pradesh: Six dead after bus collides with lorry in Palnadu district
