Supreme Court Rejects Plea for 26-Week Abortion, Orders AIIMS Delivery and Adoption Option

A three-judge bench of the Supreme Court, headed by Chief Justice of India DY Chandrachud, has rejected a plea to abort a pregnancy that exceeded the 24-week limit, as specified by the Medical Termination of Pregnancy Act, 1971. The decision came after considering a medical report that indicated the fetus was viable. According to the law, late-term abortion is permissible only in cases of fetal abnormalities or when the pregnant woman's life is at risk. Since this case didn't meet these criteria, the plea was dismissed.

The Court ordered that the child's delivery should take place at the All India Institute of Medical Sciences (AIIMS). Furthermore, it was stated that the parents have the option to give the child up for adoption if they so desire.

"Medical Termination of pregnancy cannot be allowed. Article 142 can be used to do complete justice. But it should not be used in every case. Here, doctors will face a viable fetus. The delivery is to be conducted by AIIMS at the appropriate time. Should the couple wish to give up the child for adoption, the center will assist the parents. The choice to give the child up for adoption depends on the parents," the Court asserted.

The case involved a married couple who had exceeded the legally permissible 24-week limit for abortions under the MTP Act. The woman was unaware of her pregnancy due to post-partum infertility and post-partum depression.

The decision underscores the Court's adherence to existing laws, especially in cases of late-term abortion, and its consideration of the child's viability.

Author: Anushka Taraniya

News Writer, MIT ADT University