Top court seeks fresh report from AIIMS on 26-week abortion plea

Satya Prakash

New Delhi, October 13

The Supreme Court on Friday asked doctors at AIIMS here to re-examine a 27-year-old married woman seeking to terminate her 26-week pregnancy and submit a report on the possible foetal abnormality and impact of psychiatric drugs prescribed to treat her alleged postpartum depression on continuance of the pregnancy.

“We are of the view that, bearing in the mind the provisions of the Medical Termination of Pregnancy Act, 1971, it would be necessary to have a report of the medical board of AIIMS-Delhi…,” a three-judge Bench led by CJI DY Chandrachud said.

While hearing the Centre’s plea seeking the recall of the October 9 order by a two-judge Bench that had ordered termination of the petitioner’s pregnancy, the CJI-led three-judge Bench had on Thursday said, “We can’t kill the child.”

The Bench specifically wanted to know if the foetus was suffering from any abnormality as mentioned in Section 3(2)(b) of the Medical Termination of Pregnancy Act and if the continuance of her pregnancy to full term would be jeopardised by the drugs which may be prescribed for the alleged condition from which she was stated to be suffering.

“The medical professionals at AIIMS would be at liberty to carry out their own diagnosis with regard to the alleged medical condition and to indicate their own independent evaluation of the mental and physical condition of the petitioner,” it said.

The Bench also requested the doctors to apprise it if the petitioner was found to be suffering from postpartum psychosis and if any alternative administration of medication consistent with the pregnancy would be available so as “to neither jeopardise the well- being of the petitioner nor the foetus in that regard”.