New Delhi. The Supreme Court on Monday refused to allow a married woman to abort her 26-week pregnancy as her fetus was healthy and the AIIMS medical board found no anomaly. A bench headed by Chief Justice DY Chandrachud said that the pregnancy of the woman, who is a mother of two children, was more than 24 weeks, which is the maximum limit for allowing medical abortion, and beyond that the termination of pregnancy was not permitted. Can go.
The top court said the fetus is 26 weeks and five days old and there is no immediate risk to the woman. He said that no anomaly was seen in the fetus. The bench comprised Justice JB Pardiwala and Justice Manoj Mishra. “The pregnancy has crossed the period of 24 weeks and is approximately 26 weeks five days long,” the bench said. Medical abortion cannot be allowed.
Earlier today, the top court had said that the challenge to the abortion law will be resolved in separate proceedings and the present case will be limited to between the petitioner and the state. The top court had earlier sought a report from the medical board of the All India Institute of Medical Sciences (AIIMS) on whether there was any anomaly in the fetus. The bench was hearing arguments on the Centre’s plea seeking withdrawal of the apex court’s October 9 order.
The October 9 order had allowed the 27-year-old woman to undergo an abortion at AIIMS as she was suffering from postpartum psychosis after the birth of her second child. Under the medical abortion law, the upper limit for termination of pregnancy for married women, special categories including rape victims and other vulnerable women such as the disabled and minors is 24 weeks.