LI Network
Published on: October 10, 2023 at 00:19 IST
The Supreme Court of India has allowed a married woman to terminate her pregnancy at 26 weeks. This decision comes in response to the petitioner’s plea, citing mental and financial reasons for seeking an abortion.
The case highlights the court’s recognition of a woman’s right to make choices about her own body, taking into account her physical, psychological, mental, financial, and socioeconomic backgrounds.
The Supreme Court rendered its decision on October 9, 2023, permitting the medical termination of pregnancy for a married woman who is currently 26 weeks pregnant.
The petitioner, a mother of two children, informed the court that she has been struggling with post-partum depression and is not emotionally, financially, or mentally prepared to raise a third child. It was revealed that she has been undergoing psychiatric treatment for a year, emphasizing the severity of her situation.
Justice Hima Kohli and Justice BV Nagarathna, presiding over the case, acknowledged the petitioner’s decisional autonomy and her plea regarding her physical, psychological, mental, financial, and socioeconomic circumstances.
They recognized a woman’s right over her own body and the significant responsibility that would befall her if an unwanted pregnancy resulted in the birth of a child. The court affirmed that the petitioner did not consider herself fit for this responsibility at the present moment.
The petitioner explained that she had relied on the contraceptive method of Lactational Amenorrhea while breastfeeding her second child. Unfortunately, this contraceptive method failed in her case, resulting in a belatedly discovered pregnancy.
The court noted that pregnancy during breastfeeding is rare, and medical reports suggest that this method typically offers over 95% protection.
During a prior hearing, the court had directed the formation of a medical board by AIIMS to assess the petitioner’s medical condition. In the recent proceedings, the petitioner was allowed to appear virtually before the court, where she expressed her unwillingness to continue with the pregnancy and requested permission for its termination.
The court referenced the legal framework under Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, which allows termination of pregnancy if continuing it could impair the mental health of the woman.
The court interpreted the expression “grave injury to her physical and mental health” broadly, extending beyond common medical definitions of mental illness. Additionally, the court highlighted the different categories outlined in Rule 3(B) of the Medical Termination of Pregnancy Rules, 2023, which permit abortion beyond 20 weeks in various circumstances, including cases where pregnancy is recognized late or life circumstances change to render the pregnancy unwarranted and unviable.
The Supreme Court granted the writ petition and directed the petitioner to visit the Obstetrics and Gynaecology Department at AIIMS, New Delhi, on October 10, 2023, for the procedure to terminate her pregnancy as soon as possible.
The court also instructed AIIMS to provide any necessary follow-up care. If the fetus is still alive, the court advised that the process of incubation may be considered based on medical advice.
This landmark decision emphasizes the importance of considering a woman’s mental and financial well-being when evaluating requests for late-term abortions.