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Synopsis

Supreme Court has today directed AIIMS to conduct an independent physical and mental evaluation of a 26-week pregnant woman seeking to abort her pregnancy and inform the court if she is found to be suffering from post-partum psychosis.

A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra has further directed AIIMs to inform it if the fetus is suffering from any substantial abnormality.

Noting that the petitioner woman had been taking medicines prescribed a psychiatrist for the past one year, AIIMS has been asked to submit if "there is any evidence to indicate that continuance of pregnancy of petitioner to full term would be jeopardized by the drugs which were prescribed for the alleged conditions which she is said to be suffering from".

"This exercise to be carried out through the course of the day. The medical board's report be placed before us on Monday at 10.30 AM", the order adds.

ASG Aishwarya Bhati told the court at the very outset that she was unable to convince the woman to keep the pregnancy for another few weeks, deliver a normal baby and then give it up for adoption.

"The MTP Act in India is pro-choice, but it cannot be taken to mean extinguish life of child..", she added.

Yesterday, 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?", asked CJI DY Chandrachud.

ASG Aishwarya Bhati, had then told court as the woman was suffering from postpartum psychosis after her second delivery in September 2022, this was a concern flagged by doctors at AIIMS.

"AIIMS sent us a report after it was directed by this court to terminate the pregnancy. They asked if feticide can be done as the baby might be viable. Doctors have said termination is not possible if foetus survives", ASG Bhati added.

Submitting that Doctors opined on woman suffering from depression even after termination, the ASG said, "The medical opinion here clearly denies it. We cannot go against it and give primacy to choice. This will be very chaotic for the country."

When the bench questioned if the woman would consider doing a C-section after a few weeks and give the child up for adoption, the woman's counsel replied saying she did not want to continue her pregnancy due to her medical condition.

"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..", said a visibly miffed CJI is response.

Court went on to explain to the counsel that the child may be born with mental and physical deformities and thus it was not compelling his client to keep the child but just to wait for another two weeks to deliver and then it could be put up for adoption.

"In plain language, you are asking us to put an end to the child's life.. Every woman undergoes a degree of postpartum depression...but do you need 24 weeks to realise that..we are not belittling the issue..", CJI added.

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'.