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"You want us to direct AIIMS to stop the foetal heart? I have written the judgment in X, so you don't tell me about autonomy..", CJI had remarked earlier
The Supreme Court today refused to allow termination of a more than 26-week pregnancy after noting that no fetal abnormalities or threat to life of mother had been found in the most recent medical examination conducted by AIIMS.
We are averse to passing such a direction where it may result in stopping of fetal heart, remarked a bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra.
The pregnant woman sought termination of her pregnancy on the grounds of suffering from post partum psychosis.
Earlier today, the bench went through a report submitted by AIIMS Delhi wherein it was informed that while the woman was taking medicines given by her psychiatrist, they did not have any effect on the fetus.
"The choice of abortion is gone now. The only options left are now preterm and full term delivery. Termination after 24 weeks has to be done is rarest of rare case", ASG Aishwarya Bhati further told the bench.
Court also recorded the ASG's submission that government would take care of the medical expenses incurred by the woman and look after the process of giving the child up for adoption.
Notably, yesterday, Supreme Court had directed AIIMS to conduct an independent physical and mental evaluation of the woman and inform the court if she is found to be suffering from post-partum psychosis.
Earlier, a CJI led bench had asked the counsel for the pregnant woman, what she had been doing all this while.
The woman, who is already a mother of two, approached the Court seeking to abort her pregnancy citing post-partum depression as a reason. Notably, financial reasons were also cited by her.
"AIIMS doctors say she will have depression even if she delivers tomorrow. This is not a case of a minor victim, she is a married woman who already has two children, WHAT WAS SHE DOING FOR 26 WEEKS?", CJI DY Chandrachud had asked.
On Wednesday, a two-women judge bench comprising Justices BV Nagarathna and Hima Kohli had referred the matter to a larger bench after arriving on a split opinion.
Centre had filed a recall plea against an earlier order allowing the 26-week pregnant woman to terminate her pregnancy due to 'financial reasons'.
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