SC stays medical termination of 26-week pregnancy of married woman

The Supreme Court on Tuesday asked a panel of doctors at the All India Institute of Medical Sciences (AIIMS) to put on hold the medical procedure to terminate the 26-week pregnancy of a married woman.

A bench headed by CJI DY Chandrachud took note of the submissions by additional solicitor-general Aishwarya Bhati that a foetus, in the 26th week of gestation, is likely to be viable.

Bhati, who represented the government, said preventing a child being born alive or causing it to die after birth is a punishable offence under section 315 of the IPC and doctors undertaking medical procedures to terminate pregnancy at such an advanced stage face an ethical dilemma.

"Doctors are right now holding their hands. The directions must be given today. If your lordships may consider having the matter tomorrow," she pleaded.

At this, CJI Chandrachud asked the Centre to place a formal application seeking recall of the earlier order passed by the apex court, adding that he will assign the matter to the same special bench for hearing on Wednesday.

On Monday, a special bench of justices Hima Kohli and BV Nagarathna ordered the obstetrics and gynaecology department at AIIMS to undertake medical termination of the petitioner's pregnancy at the earliest after taking into consideration the opinion rendered by a medical board relating to her medical condition.

The petitioner, suffering post-pregnancy depression and lactational amenorrhea, realised her pregnancy belatedly, and petitioned the Supreme Court on 4 October seeking medical termination of her over 24-week pregnancy.