SC declines woman to terminate 32-week pregnancy

The Supreme Court on Wednesday declined to allow a 26-year-old woman, who had lost her husband in October 2023, to terminate her over-32-week pregnancy. A bench of Justices Bela M. Trivedi and Prasanna Bhalachandra Varale said the medical board has held that there were no abnormalities in the foetus.

"It's a 32-week foetus. How can it be terminated? The medical board has also said that it cannot be terminated. It is a matter of two weeks, then you can give it for adoption if you want," said the apex court. It refused to interfere with the Delhi High Court's January 23 order, which had recalled its earlier order allowing the woman to terminate her then-29-week-old foetus.

An advocate appearing for the woman told the bench that if she were to give birth, then it would be against her wish. She will have to bear the trauma throughout her life, he said. The bench then said, "We cannot go beyond the opinion of the medical board. The medical board has opined there is no abnormality, and it is a normal foetus."

The medical board has also said that there is no risk even to the woman if she carries on with the pregnancy, the bench said. On January 4, the High Court allowed the widow, suffering from depression, to terminate her then-29-week-old foetus as the continuation of pregnancy could affect her mental health.

It was observed that the right to reproductive choice also includes the right not to procreate. However, on January 24, it overturned its order after the Centre filed a plea seeking recall of its January 4 order, by which it had allowed medical termination of the pregnancy on the woman's petition.

The Centre had said that the child has a fair chance of survival, and the court should consider protecting the right to life of the unborn child. The All India Institute of Medical Sciences (AIIMS), where the woman was medically examined, also claimed that the pregnancy should have been continued for another two to three weeks for the betterment of the health of the mother and the child.

The woman, who got married in February 2023, lost her husband on October 19, after which she came to her parents' house and learned on October 31 that she was 20 weeks pregnant. Rule 3(B) of the Medical Termination of Pregnancy (MTP) Rules permits a woman to terminate her pregnancy up to 24 weeks with certain conditions.