New Delhi: The Supreme Court on Monday refused a married woman permission to terminate her over 26-week pregnancy, noting that no abnormality was found in the foetus.
The top court said a medical termination could not be permitted since it would violate sections of the Medical Termination of Pregnancy Act, which does not allow abortion beyond 24 weeks for married women.
“The woman’s pregnancy is 26 weeks and 5 days old… There is no immediate threat to the mother and this is not a case of foetal abnormality,” the bench said while making the decision.
These are the two exceptions to terminate a pregnancy beyond the outer limit of 24 weeks according to the Act.
The woman sought the abortion of her healthy foetus on the ground that she was suffering from postpartum psychosis after her previous delivery in September 2022.
The bench of Chief Justice D.Y. Chandrachud, and Justices J.B. Pardiwala and Manoj Misra, also said that the petitioner – a 27-year-old mother of two – would have ultimate say on whether she wanted to keep the child or give it up for adoption.
It also said the cost of all medical procedures in the pregnancy would be borne by the state.