Supreme Court questions revised medical report in abortion case
The Supreme Court, on Wednesday, raised concerns over a fresh medical report that indicated a 26-week-old fetus may have a strong chance of survival. The apex court was hearing an appeal against its earlier order allowing the abortion of a woman battling postpartum depression. The court is now questioning the discrepancy between this new report and the earlier one, which led to the decision to allow the woman to proceed with the abortion.
Why does this story matter?
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for all women in special categories, including rape survivors, minors, and differently-abled women. The woman in this case sought the apex court's approval to terminate her pregnancy on medical grounds, including her struggle with postpartum depression. She also highlighted her inability to support a third child. The case has raised questions about the judgment of doctors in such cases.
SC bench says earlier report was 'ambiguous'
Justices Hima Kohli and BV Nagarathna expressed their distress over the new report's findings. Justice Kohli said, "Which court will say stop the heartbeat of a fetus which has life? We are wondering which court would do that. Speaking for myself, I would not." The bench questioned the doctors from the All India Institute of Medical Sciences (AIIMS) who had examined the woman. It said that doctors had submitted an "ambiguous" report that cited dangers to the woman's health.
SC asks woman, husband to file fresh affifdavit
The SC bench also spoke with the woman and her husband, who were present virtually. The court explained the new report's findings about the fetus and asked their counsel to file an affidavit on their decision in light of this new medical information. "We don't want any such scope of misunderstanding. We are talking of a precious life here. We would not want to take any risk," the bench said.
SC bench disappointed by Centre's behaviour
Justice Kohli and Nagarathna expressed dissatisfaction with the Centre's interference in the case and its presentation before a separate bench of the SC. On Tuesday, a bench led by Chief Justice DY Chandrachud, after being approached by the Centre, directed AIIMS to postpone the woman's abortion. In the latest hearing, Justices Kohli and Nagarathna requested a formal application for recall of the order and assured that it would be placed before the bench that initially passed the order.
'Every bench represents SC': Justice Kohli
During the hearing, Justice Kohli said "If the Union of India starts doing this, tomorrow, a private party will also do this. Every bench of the Supreme Court is the Supreme Court. We are one court sitting in separate benches. Speaking for myself, I would not appreciate this on the part of the Union of India."
