Plea For Abortion : After AIIMS Report About Possibility Of Baby Being Born Alive, Supreme Court Asks ASG To Guide Petitioner

On the last occasion a bench led by the Chief Justice of India, D.Y. Chandrachud directed AIIMS to constitute a committee to assess if medical termination can take place without any threat to the life of the petitioner.

On Monday, a Bench comprising the Chief Justice of India, D.Y. Chandrachud, Justice V. Ramasubramanian and Justice J.B. Pardiwala handed over the Committee’s report to the Counsel appearing for the petitioner and the Additional Solicitor General of India.

It appears that as per the report, in order to abort the pregnancy at the present stage, a C-section surgery is required to be conducted and there is a high possibility that the baby will be born alive. In the light of this report, the CJI opined that this was case was different from the previous case where abortion was allowed. Given this background, the Court requested the ASG's intervention to guide the petitioner.

ASG Bhati responded, “I’ll be happy to help.”

The Committee constituted by AIIMS has also suggested that the petitioner consults psychiatric OPD at AIIMS for counselling.

The Counsel for the petitioner informed the Bench that at present the petitioner is appearing for her examination, which will go on till the end of the month. In view of the same he implored the Bench to take up the matter thereafter.

The Bench acceded to the request and the matter has been directed to be listed on 2nd February, 2023.

[Case Title: P v. UoI And Anr. WP(C) No. 65/2023]