26-week pregnancy termination: AIIMS informs Supreme Court no abnormality detected in foetus

All India Institute of Medical Science AIIMS on Monday apprised the Supreme Court that no abnormality has been detected in the unborn and with proper care and treatment under appropriate medical supervision the mother and baby can be managed well during pregnancy and postpartum psychosisIt was in connection to a petition relating to the termination of an over 26 weekpregnancy The AIIMS report was filed in pursuance of the top court order last FridayIt is felt that with proper care and treatment under appropriate medical supervision the mother and baby can be managed well during pregnancy and postpartum as has been previously evidenced by her response to medications In case of worsening of symptoms she may be admitted and treated AIIMS report saidA bench of Chief Justice of India DY Chandrachud also comprising Justices JB Pardiwala and Justice Manoj Misra said that it will pass the order apparently post lunch on MondayThe court said that the bench will try to give the judgment today itself and if the verdict is ready it may deliver the judgement postlunchThe woman has sought termination of 26 weeks of pregnancy whereas the Centre has filed an application seeking a recalling of the top courts order by which the ladys petition has been allowedAdditional Solicitor General Aishwarya Bhati submitted the AIIMS report and the report said that the woman has a past history of postpartum psychosis currently controlled on medicationsAlso read NewsClick founder Prabir HR head move SC against arrest in UAPA caseAIIMS report also said that as assessed by USG and Fetal Echo the fetus does not have any structural anomaly at the present timeAIIMS also said that the continuation of pregnancy to full term while the woman is on the revised medications is not likely to significantly increase the risk of adverse outcomes for the mother and fetus as compared to other pregnant womenThe court also took the note of AIIMS reportASG Bhati appearing for the Centre apprised the court about the Medical Termination of Pregnancy Act 1971 and said that it is a liberal and prochoice legislation aimed at giving absolute primacy to the reproductive autonomy and health of the woman while balancing the rights of a viable unborn childShe further added that now it is not a matter of choice but a choice between preterm delivery and fullterm deliveryShe assured the court that the government would assist her and her husband with everything including medical counsellingSenior Advocate Colin Gonsalves apprised the court on the issue related to the unborn and said that in international law today there is no right to the unborn child and the right of the woman is absoluteBut the court remarked with a question whether the woman should be allowed to abort even at 33 weeks of pregnancy in those cases where the foetus is not abnormalThe court also said that the challenge to be law should be dealt with in some other proceedings as now the matter is limited to the woman and the stateThe matter was referred to a threejudge bench after a twojudge bench on October 11 gave split order on the married womans plea seeking termination of a 26week pregnancyThe Supreme Court on Wednesday gave a split order on a married womans plea seeking termination of a 26week pregnancy as one of the judges ruled against the termination while the other judge expressed disagreement and said that the womans decision must be respected to undergo the procedure of termination of her pregnancyA twojudge bench of Justices Hima Kohli and BV Nagarathna gave the split decision while hearing the Centres plea seeking the recalling of its earlier order allowing the woman to undergo the procedure of termination of her pregnancyJustice Hima Kohli said that her judicial conscience does not allow her to permit termination Expressing disagreement Justice BV Nagarathna said that the womans decision to undergo termination of her pregnancy must be respectedThe woman has submitted an affidavit stating she does not wish to carry out her pregnancy due to her mental condition and ailmentsOn October 9 a bench of justices Hima Kohli and BV Nagarathna directed the woman to visit the Obstetrics and Gynaecology Department AIIMS New Delhi on October 10The court had also directed the AIIMS to admit the petitioner for her to undergo the procedure of termination of her pregnancy at the earliest with followup as may be advised by the treating doctors With inputs from ANI