Supreme Court Contemplates 26-Week Abortion Plea: A Complex Balancing Act

In a complex and contentious legal battle, the Supreme Court grappled with the plea of a pregnant woman seeking an abortion at 26 weeks, a period that surpasses the 24-week legal limit under the Medical Termination of Pregnancy Act, of 1971. A three-judge Bench led by Chief Justice of India DY Chandrachud expressed a challenging dilemma, torn between balancing the rights of the unborn child and the mother's autonomy.

CJI Chandrachud, sitting with Justices JB Pardiwala and Manoj Misra, noted the difficulty of the case, remarking, "We have to balance the rights of the unborn child. Of course, the autonomy of the mother triumphs, but here nobody is appearing for the child. How do we balance the rights of the child?"

The mother's unawareness of her pregnancy due to lactational amenorrhea and her post-partum depression complicated the case. While a Division Bench of Justices Hima Kohli and BV Nagarathna had previously delivered a split verdict on the matter, concerns arose during the latest hearing as a professor from AIIMS opined that the fetus displayed strong signs of life.

This complicated the question of whether a judicial order could condone foeticide or, in this case, a pre-term delivery rather than an abortion.

The pregnant woman's lawyers emphasized the risks of continuing the pregnancy given her fragile mental state, even suggesting her suicidal tendencies.

As the Supreme Court grapples with these complex issues, the case highlights the profound ethical and legal dilemmas faced in advanced-stage pregnancies and abortion rights.

The Court could not reach a decision during the hearing and has deferred the case to the following day.

Author: Anushka Taraniya

News Writer, MIT ADT University