Photo by Tingey Injury Law Firm on Unsplash

Recently, a married woman launched a plea to abort a 26-week pregnancy on account of the cause that she was not finding herself in the right mental state to deliver the baby and then rear and feed the baby.

At last, Chief Justice of India (CJI) D.Y.Chandrachud led a 3-judge bench of the Supreme Court and came finally to a conclusion after a report was submitted by the Medical Board of the All India Institute of Medical Sciences. The court dismisses the plea of the married petitioner to terminate the pregnancy in the 26th week.

The report states that there will be no adverse impact on her mental condition or on the child if she continues to carry on her pregnancy to its full term. Also, the mother had crossed the 24 weeks - the upper limit for abortion in the case of married women, and no abnormality was found in the fetus.

The acceptance of the plea for medical termination of pregnancy would have gone against the sections of the Medical Termination of Pregnancy Act, which doesn't allow abortion beyond 24 weeks.

The woman sought for abortion of her third baby on the grounds that she was suffering from postpartum psychosis after her previous delivery in September 2022.

The court has also announced that all medical procedures in the pregnancy would be borne by the State. However, after the delivery of the baby, it's going to be the ultimate say on the mother of two- to decide whether she wants to keep the child or give it up for abortion.

The court at the same time when it's listening to the plea of the married mother, at the same time, it can't take a step 'to stop the heartbeat of the unborn child' as it will go against the fundamental right to life.

.    .    .

Reference:

  • theprint.in
  • m.thewire.in 

Discus