Apex court seeks report from AIIMS medical board on condition of foetus

New Delhi: The Supreme Court on Friday sought a report from the medical board of the AIIMS on whether the 26-week foetus of a married woman, who is seeking permission to undergo termination of pregnancy, is suffering from any abnormality.

A bench headed by Chief Justice D Y Chandrachud was hearing arguments on the Centre’s application seeking recall of the apex court’s October 9 order permitting a 27-year-old woman, a mother of two, to undergo termination of pregnancy at the AIIMS.

The bench noted the submissions of petitioner’s counsel that the woman was undergoing treatment for symptoms of postpartum psychosis since last year. The apex court said this exercise may be carried out during the course of the day and a report of the medical board will be placed before it on October 16, the next date of hearing.

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.

While hearing the matter on Thursday, the bench had observed “we cannot kill the child” and stressed on the need to balance the rights of an unborn child with the right to autonomy of the mother.

The matter came up before the CJI-led bench after a two-judge bench on Wednesday gave a split verdict on the Centre’s plea for recall of its October 9 order granting permission to the woman to terminate her pregnancy.