'Foetus Has Chance Of Being Born' : A Day After Allowing Abortion Of 26-Week Pregnancy, Supreme Court Asks AIIMS To Defer Procedure

In a turn of events, the Supreme Court today asked All India Institute of Medical Sciences (AIIMS) to defer the medical termination of pregnancy for a 26-week pregnant married woman, who was permitted to proceed with the medical termination of her pregnancy just yesterday. Upon apprehension raised by the doctors at AIIMS that the foetus would have a viable chance of being born, the Union of India sought recall of the Supreme Court order which had permitted the medical termination of the pregnancy. A bench led by CJI DY Chandrachud noting that the "AIIMS doctors are in a very serious dilemma", stated that a bench would be constituted tomorrow to hear Union's recall application.

Yesterday, a bench comprising Justice Hima Kohli and Justice BV Nagarathna had permitted the petitioner, who is a mother of two children to proceed with medical termination of pregnancy upon noting that she was suffering post-partum depression and was not in a position to raise a third child, emotionally, financially and mentally. The bench had stated–

"This Court does recognise the right of a woman over her body and the fact that if an unwarranted pregnancy results in a child being brought into the world, a large part of the responsibility of rearing such a child will fall on the shoulder of the petitioner, which at this point she doesn't consider herself fit for."

Against this order, ASG Aishwarya Bhati, appearing for the Union, asserted–

"The termination was recommended by court despite medical board saying that the baby had a viable chance of being born. They would have to conduct a foeticide."

CJI DY Chandrachud asked the Union to file a formal application seeking recall. He remarked–

"Can you come with a formal application for recall? We will place before the bench which passed the order...The AIIMS doctors are in a very serious dilemma. The child will be born as a viable foetus...Ms Bhati is giving an application for recall. I'll constitute a bench tomorrow morning. Ask AIIMS to hold for now."