Supreme Court's Stance on Advanced Pregnancy Termination
The recent Supreme Court decision illustrates the ongoing debate over terminating advanced pregnancies, particularly in cases involving minors and sexual assault survivors.
Key Supreme Court Decision
- The Supreme Court refused to entertain a curative petition from AIIMS, contesting a decision allowing a 15-year-old rape survivor to terminate her 30-week pregnancy.
- The court emphasized that an unwanted pregnancy should not be imposed on anyone.
Government and AIIMS' Position
- The Centre often advocates for carrying pregnancies to full term followed by adoption, especially beyond the 24-week statutory limit.
- AIIMS and the Centre's legal representatives argue that terminating advanced pregnancies is equivalent to "foeticide."
- Despite this stance, the SC did not entertain AIIMS' plea in the highlighted case, though other courts have sometimes sided with the Centre.
Recent Court Cases
- In January 2024, the Delhi High Court reversed its decision allowing a 32-week pregnant widow to undergo an abortion.
- In July 2025, after the Delhi HC allowed a 16-year-old rape survivor to terminate a 27-week pregnancy, AIIMS appealed. The minor eventually carried the pregnancy to term.
Medical and Legal Considerations
- The MTP Act permits abortion up to 24 weeks, with conditions for termination beyond this requiring a medical board's approval for substantial foetal abnormalities.
- The cumbersome process leads many women to seek judicial intervention.
- Medical opinions are vital, especially in advanced pregnancies, as seen in a case where the SC allowed termination at 31 weeks due to potential threats to a minor's life.
