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‘No abnormality in foetus’: SC turns down abortion plea of 32-week pregnant woman
The Supreme Court has rejected a petition by a widow seeking termination of her 32-week pregnancy, stating that the foetus is normal. The court emphasized the duty to protect the interests of both the unborn child and the mother. The woman had argued that the pregnancy caused mental trauma and depression. The court dismissed the petition and ordered that the woman be taken care of by the government. The Delhi high court had previously permitted the abortion but reversed its decision after medical opinions indicated the child would be born alive with potential physical and mental deficiencies.
The Supreme Court on Wednesday said the courts have a duty to take care of the interests of the unborn child and the mother as it turned down a petition filed by a 26-year-old widow seeking termination of her 32-week pregnancy.
The court that a medical board comprising doctors from the All Indian Institute of Medical Science (AIIMS) had examined the woman following an order of the Delhi high court and found the child to be normal and dismissed the petition filed by the woman.
“There is no abnormality in the foetus. It is a full-fledged, normal-bodied child. This is not the case we should entertain,” the top court bench headed by justice Bela M Trivedi said.
The woman had challenged the Delhi high court’s January 23 order which said the foetus does not show any abnormality, and hence feticide in this case is neither justified nor ethical. According to the woman’s plea, she did not wish to carry forward the pregnancy on account of mental trauma and depression.
Advocate Rahul Sharma, appearing for the petitioner woman, told the court that it should think about the mother and not just the unborn foetus. “She is a widow and she does not want to live with this trauma. This pregnancy is against her choice and wishes that will cause further trauma,” he said.
The bench, also comprising justice Prasanna B Varale said, “We have to take care of both – the foetus and the mother.”
The Supreme Court further noted that the Delhi high court had directed the Central or state government to take care of all her medical expenses if she chose to deliver the baby in a government-run hospital. The Centre assured that if the woman was willing to give the child up for adoption, she would be fully assisted in this regard.
“It is just a question of another two weeks or so. Even the government is willing to take the child for adoption. The medical board says her life will be at risk in a pre-term pregnancy. We cannot permit it. All these points have been considered by the high court,” the Supreme Court bench held.
“The petitioner shall be taken care of by the central/state government. Subject to the same, the petition is dismissed,” the bench ordered.
The Delhi high court in its initial order on January 4 permitted the petitioner to undergo abortion upon her mental examination at AIIMS’s Department of Psychiatry which found her suffering from severe depression with suicidal ideation.
However, on January 6, the high court received a letter from AIIMS claiming that the child would be born alive after delivery and there is a reasonable risk of physical and mental handicap to the newborn.
Following this, the Centre and AIIMS filed applications to recall the high court’s January 4 order. The high court sought yet another report from AIIMS to know whether the petitioner would be in a position to deliver the child considering her mental state of mind. The doctors even came to the high court and proceedings were held in-camera.
Recalling its earlier order, the high court on January 23 said, “The Medical Board is of the opinion that since the fetus does not show any abnormality, feticide in this case is neither justified nor ethical.”
Further, the board had opined that a preterm induction of labour has a high chance of failure and may have serious implications for the petitioner’s future pregnancies. Also, a child born after a preterm induction of labour can have physical and mental deficiencies that would have a drastic effect on the future of the child.
“If the petitioner is inclined to give the newborn child in adoption, then as suggested by additional solicitor general Aishwarya Bhati, the Union of India shall ensure that the process of adoption takes place at the earliest and in a smooth fashion,” the high court order said.
