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Supreme Court Denies Request to Terminate Pregnancy beyond 24 Weeks

  • 17 Oct 2023

On 16th October, 2023, the Supreme Court of India declined permission for a married woman to terminate her pregnancy, which had exceeded 26 weeks.

Key Points

  • Legal Constraints on Pregnancy Termination: The Supreme Court's decision was influenced by the fact that the pregnancy had surpassed 24 weeks, which is the upper statutory limit for Medical Termination of Pregnancy (MTP).
  • MTP beyond 24 weeks is only permitted if it is necessary for the mother's life-saving or if the foetus has substantial physical or mental abnormalities.
  • Background of the Case: The woman, a mother of two, sought termination of her pregnancy, citing lactational amenorrhea and depression as her reasons for being unwilling to continue.
  • Initially, a two-judge all-woman bench had granted her request on October 9. However, this decision was revisited after the All-India Institute of Medical Sciences (AIIMS) indicated that the foetus appeared viable and had a strong chance of survival.
  • Medical Reports and AIIMS Involvement: A three-judge bench, presided over by the CJI, assessed fresh AIIMS reports, which confirmed that the pregnancy had reached approximately 26 weeks and 5 days and lacked substantial foetal abnormalities.
  • AIIMS had proposed the option of stopping the foetus’s heartbeat, but the court declined this course of action.
  • Outcome of the Court's Decision: The Supreme Court ruled against permitting the medical termination of the pregnancy due to the risk of lifelong physical and mental disability if a pre-term delivery were pursued.
  • The court emphasized that the choice of adoption would be entirely up to the parents.
  • The woman was reported to be suffering from postpartum psychosis, with medication posing no adverse effects on the foetus.
  • Legal Perspectives: Advocates and legal experts pointed out that international law does not grant unborn children rights, with the consensus being that the foetus is not considered a person under international law.