The Supreme Court on Tuesday directed Delhi’s All India Institute of Medical Sciences (AIIMS) to defer the medical termination of a 26-week pregnancy of a married woman, just a day after it gave approval for abortion.
The top court’s decision came after the central government sought a recall of its previous order passed by a bench of Justices Hima Kohli and B.V. Nagarathna on Monday.
Additional Solicitor General Aishwarya Bhati, appearing for the Centre, told the court that the medical board at AIIMS had claimed that the foetus had a viable chance of being born and they would have to conduct a foeticide.
"AIIMS doctors are in a very serious dilemma,” said a bench of Chief Justice D.Y. Chandrachud as it posted the matter for hearing for Wednesday.
“Can you come with a formal application for recall (of the order). We will place before the bench which passed the order. The AIIMS doctors are in a very serious dilemma... I will constitute a bench tomorrow morning. Please ask AIIMS to hold for now,” Justice Chandrachud said.
On Monday, the bench of justices Hima Kohli and Nagarathna had allowed the petitioner, a mother of two children, to proceed with the medical termination of her pregnancy, after she claimed that she was suffering from post-partum depression and was not in a position to raise a third child, emotionally and financially.
"This Court does recognise the right of a woman over her body and the fact that if an unwarranted pregnancy results in a child being brought into the world, a large part of the responsibility of rearing such a child will fall on the shoulder of the petitioner, which at this point she doesn't consider herself fit for,” the bench had said.
The Centre, however, opposed this order, citing the medical board’s observation on the foetus growth.
The top court had on October 5 asked the AIIMS to constitute a panel of doctors to assess the medical condition of the woman.
