Supreme Court denies woman’s plea to terminate 26-week pregnancy

Supreme Court on Monday denied permission to a woman to terminate her over 26-week pregnancy on the ground that she was suffering from a mental condition called post-partum psychosis.

The top court further added that the state may take care of the child after birth. The judgement came after the apex court earlier reserved the verdict on the woman seeking its permission to direct AIIMS to terminate her over 26-week pregnancy.

The court denied permission to terminate the pregnancy since its duration has crossed the 24-week mark. The SC bench, headed by Chief Justice of India DY Chandrachud, further added that the pregnancy doesn’t pose an immediate threat to the woman, as well as the case is not related to foetal abnormality.

The parents of the woman can decide whether to give the child up for adoption, the SC said, adding that the woman will receive further treatment at AIIMS. The cost of the medical procedure would be borne by the State.

The woman approached the court earlier this month, saying she was unaware of her third pregnancy due to a disorder called lactational amenorrhea, which prevents a patient from menstruating, and suffered from postpartum depression and poor financial conditions.

Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape, and other vulnerable women such as the differently-abled and minors.

However, senior advocate Colin Gonsalves argued on behalf of the petitioner that the World Health Organisation (WHO) has already termed 24-weeks guideline ‘obsolete’.

The medical board of AIIMS earlier confirmed the petitioner’s medical condition, however, noted that there will be no health consequences if the women continues with the pregnancy.