Supreme Court Denies Petition for Late-Term Abortion, Citing Foetus’ Normal Health

The Supreme Court of India, led by Justice Bela M. Trivedi, has rejected a plea from a 26-year-old widow seeking to terminate her 32-week pregnancy. Despite the woman’s claims of mental trauma and depression, the court emphasized the duty to protect both the unborn child and the mother. This decision follows a medical examination by a board from the All Indian Institute of Medical Sciences (AIIMS), which found the fetus to be normal. The ruling aligns with the Delhi High Court’s January 23 verdict that also highlighted the ethical implications of feticide in this case due to the absence of fetal abnormalities.

The Delhi High Court initially allowed the abortion on January 4, citing the woman’s severe depression with suicidal ideation. However, following a letter from AIIMS, which highlighted the risks of physical and mental handicap to the newborn and the potential harm to the woman’s future pregnancies, the court reversed its decision. The Supreme Court concurred with these findings and refused the termination request, noting that the government is prepared to assist in the adoption of the child, should the woman choose that option.

The Supreme Court’s bench, which also included Justice Prasanna B. Varale, asserted the necessity of safeguarding the interests of both the mother and the unborn child. The court has ordered the central/state government to take care of the petitioner’s medical expenses if she delivers the baby in a government-run hospital. Additionally, the court highlighted the option of adoption, with the government’s support, as an alternative for the woman. This decision emphasizes the court’s commitment to consider both the physical and psychological well-being of the mother and the child in such complex cases.

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