Can't Stop Heartbeat: SC Rejects Woman's Plea To Terminate 26-Week Pregnancy

A married woman was denied permission to terminate her over 26-week pregnancy by the Supreme Court on Monday as the foetus was healthy.

The apex court took note of the AIIMS medical board's report which stated that there was no abnormality with the foetus. As the length of pregnancy has crossed 24 weeks, the upper limit for allowing Medical Termination of Pregnancy (MTP), a bench headed by Chief Justice DY Chandrachud declined to permit the mother of two to terminate her pregnancy.

"Pregnancy is 26 weeks and 5 days. Allowing termination of pregnancy will be a violation of Sections 3 and 5 of the Medical Termination of Pregnancy Act as there is no immediate danger to the mother, and this is not a case of foetal abnormality," NDTV quoted the bench, also comprising Justices JB Pardiwala and Manoj Misa, as saying.

"We cannot stop the heartbeat," the Chief Justice stated.

Earlier, the Supreme Court had sought a report from the AIIMS medical board to determine if the fetus had any abnormalities. During the hearing, the bench discussed the Centre's request to reconsider the October 9 order issued by the apex court. The order had allowed a 27-year-old woman, a mother of two, to terminate her pregnancy at AIIMS due to her struggle with post-partum psychosis following the birth of her second child.

According to the MTP Act, termination of pregnancy is permitted up to 24 weeks for married women, as well as special categories such as survivors of rape, differently-abled individuals, and minors.

The highest court grappled with a dilemma concerning the termination of a 26-week pregnancy for a woman. This moral quandary centered on balancing the rights of the unborn child with the woman's right to bodily autonomy, as stated by the court.

According to a PTI report, the issue arose after one of the doctors of the AIIMS medical board, which examined the woman and filed a report dated October 6 in the apex court, sent an e-mail on October 10 saying the foetus had a strong possibility of survival.

The issue came up before the CJI-led bench following a split verdict on the Centre's plea for recall of its October 9 order granting permission to the woman to terminate her pregnancy.