Supreme Court Rejects Woman’s Request to Terminate Over 25-Week Pregnancy

The Supreme Court of India has declined a woman’s plea to terminate her pregnancy, which has exceeded 25 weeks, while refraining from publicly disclosing the reasons to protect her privacy.

Court’s Decision

A vacation bench consisting of Justices Abhay S. Oka and Satish Chandra Sharma reviewed a report from the All India Institute of Medical Sciences (AIIMS), Delhi. The court had previously instructed AIIMS to evaluate the physical condition of the woman and her fetus. The bench, after considering the report dated May 24, 2024, concluded that termination of the pregnancy could not be permitted based on the specifics of the case.

Sealed Report and Privacy Concerns

The bench stated: “We have perused the report dated May 24, 2024, submitted by All India Institute of Medical Sciences. We are not quoting what is mentioned in the report for protecting the privacy of the petitioner. But in the light of the report, we cannot permit termination of pregnancy in the facts of the case. The report shall remain on record in a sealed envelope. The writ petition is rejected.”

Background of the Case

The woman’s plea was heard on May 21, where her counsel explained that she had only discovered her pregnancy on May 17 and had traveled from Dubai to India, seeking a termination. The petitioner cited financial constraints and her current stay in a hotel in India as additional hardships.

AIIMS Report and Court’s Directive

On May 21, the Supreme Court had directed AIIMS to provide a report by May 24, detailing the health of the petitioner and the fetus and assessing the impact of the unwanted pregnancy on the woman’s health.

Legal Context

In India, the Medical Termination of Pregnancy (Amendment) Act, 2021 allows for the termination of pregnancy up to 24 weeks under certain conditions, with the approval of two registered medical practitioners. Terminations beyond this period are only permitted in cases where the fetus has substantial abnormalities or poses a risk to the life or health of the woman.

Privacy and Legal Precedents

The Supreme Court’s decision to keep the AIIMS report confidential underscores its commitment to protecting the petitioner’s privacy, in line with previous judgments emphasizing the right to privacy and dignity in sensitive cases involving reproductive health.

Conclusion

This case highlights the complex intersection of medical ethics, legal frameworks, and individual rights, reflecting the judiciary’s careful balancing act between these competing concerns. The decision not only affects the petitioner but also underscores the importance of privacy and the nuanced considerations in late-term pregnancy termination cases.

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