Supreme Court of India.
Credit: PTI File Photo
The Supreme Court on Friday directed for a fresh evaluation of the physical and medical conditions of a 26-week pregnant woman, who sought permission for abortion due to her mental ailments.
The court also ordered the medical board at AIIMS to ascertain the health of her foetus on Friday itself, while observing the Parliament has intended to maintain a balance between pro-choice and the pro-life stances in such situations.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra took into consideration claims by the woman, a mother of two children, that she suffered from depression and severe postpartum psychosis.
The court noted that advocate Amit Mishra had, on behalf of the woman, submitted a bunch of prescriptions that the petitioner is undergoing treatment for postpartum psychosis since October 10, 2022. The bench said the initial handwritten prescription doesn't specify the nature of the ailment for which the drugs were administered and that all prescriptions are silent on nature of ailment.
"Having regards to the Medical Termination of Pregnancy Act, it would be necessary to have a medical opinion of AIIMS on the following, whether the foetus is suffering from any abnormality? Whether there is any evidence to suggest that continuance of pregnancy full term would be jeopardised by drugs prescribed," the bench said.
The earlier report of AIIMS states that the foetus is normal, in order to place the matter beyond doubt, a further report may be submitted, the court said.
The bench also granted liberty to AIIMS to carry out their own independent evaluation of the mental and physical condition of petitioner.
Additional Solicitor General Aishwarya Bhati for the Centre submitted that "the law is pro-choice for the mother but it can't mean extinguishing life (sic)".
The court fixed the matter for consideration on Monday.
On Thursday, the court had asked the woman to reconsider her decision to terminate the pregnancy as her foetus is a viable unborn child now.
The court also reflected upon serious ethical dilemmas for the doctors since terminating the pregnancy would amount to foeticide.
"Autonomy of woman must trump, but what about the unborn child, nobody is appearing for her. How do you balance out the rights of the unborn child (sic)," the bench had asked.
On Wednesday, two women judges of the Supreme Court disagreed on whether to allow or not, the termination of the 26-week pregnancy of the woman, who was earlier allowed by the court to abort it.