Supreme Court orders AIIMS to defer termination of 26-week foetus

The Supreme Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) Delhi to defer the medical termination of 26-week pregnancy of a married woman who was allowed to abort the foetus a day before by another bench.

Upon apprehension raised by the doctors at AIIMS that the foetus would have a viable chance of being born, additional solicitor general Aishwarya Bhati, appearing for the Centre, sought recall of the order passed by a bench of justices Hima Kohli and BV Nagarathna on Monday.

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The matter on Tuesday was being heard by a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, which noted that the “AIIMS doctors are in a very serious dilemma”

“Can you come with a formal application for recall (of the order). We will place before the bench which passed the order. The AIIMS doctors are in a very serious dilemma... I will constitute a bench tomorrow morning. Please ask AIIMS to hold for now,” the bench, also comprising justices JB Pardiwala and Manoj Misra said.

On Monday, the bench of justices Hima Kohli and BV Nagarathna allowed the woman to terminate her pregnancy, stressing that it recognises a woman’s right over her body and the autonomy to decide that she was unfit to bring up the child considering her circumstances. “The court does recognise the decisional autonomy of the petitioner who has taken a plea of her physical, mental, psychological, financial and social background to seek termination of her pregnancy,” it had said.

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.”

The Delhi resident approached the court claiming that she was unaware of the pregnancy, her third, because she was suffering from lactational amenorrhea — the absence of menstruation in breastfeeding women.

She said that she was being treated for postpartum depression after her two deliveries. Her eldest child is four and youngest is barely a year-old.

She said she did not want to continue with pregnancy partially due to economic reasons as well.

Last week, the court had ordered a medical board to examine her on Saturday. The report presented to the court on Monday showed that the foetus was normal.

While issuing notice on the petition last week, the court noted that this was a case where the child was conceived by consent and within a marriage and flagged concern that such petitions could open up a Pandora’s box if couples decide not to become a parent for now or for economic reasons or the fact that they are migrating to another place or country