In a surprising twist, CJI DY Chandrachud, recognizing the seriousness of the situation, has announced the formation of a special bench to address the issue of medical termination of a 26-week pregnancy and the concerns raised by the doctors at AIIMS about the status of the foetus.
This change of course came after AIIMS doctors expressed concerns about the foetus's potential for survival, prompting the Supreme Court to recall its earlier order. The earlier order by the Supreme Court was to permit the medical termination of the 26-week pregnancy. The change of course occurred when AIIMS doctors expressed concerns about the foetus's potential for survival, leading the Supreme Court to recall its previous order and defer the medical termination of pregnancy.
In response to this ruling, Additional Solicitor General Aishwarya Bhati, representing the Union of India, argued, "The termination was recommended by the Court despite the medical board stating that the baby had a viable chance of being born. They would have to conduct a foeticide."
On October 9, 2023, a division bench comprising Justice Hima Kohli and Justice BV Nagarathna granted authorization for the petitioner to proceed with a medical termination of pregnancy. During the proceedings, the Court acknowledged and considered the medical reports submitted by the petitioner. These reports revealed that the petitioner had chosen the Lactational Amenorrhea contraceptive method while breastfeeding her second child, a method generally known for its high level of efficacy in preventing pregnancy. Nevertheless, in this exceptional case, the chosen method failed, resulting in a pregnancy that the petitioner became aware of at a later stage.
Their decision was also influenced by the petitioner's struggles with post-partum depression and her inability to support a third child emotionally, financially, and mentally. The bench highlighted the petitioner's right to make decisions regarding her own body, recognizing that if an unwarranted pregnancy were to result in the birth of a child, a significant portion of the responsibility for raising that child would fall on the petitioner, a responsibility she currently felt ill-equipped to handle.
The Supreme Court granted the writ petition and instructed the petitioner to visit AIIMS for a medical examination on October 10, 2023. AIIMS was directed to admit the petitioner for the prompt termination of her pregnancy and provide any necessary follow-up care as recommended by the attending physicians.
The Supreme Court has taken the unusual step of postponing a medical termination of pregnancy just one day after granting permission for the procedure quoting that, "AIIMS doctors are in a very serious dilemma".
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