Abortion plea in SC: apex court denies woman right to terminate 26-week pregnancy

The Supreme Court on Monday declined to permit a married woman, a mother of two, to terminate her over 26-week pregnancy as the foetus was healthy and the AIIMS medical board found no abnormality with it.

A bench headed by Chief Justice DY Chandrachud said the length of pregnancy has crossed 24 weeks, the upper limit for allowing Medical Termination of Pregnancy (MTP), and therefore it cannot be permitted.

The top court said the foetus is 26 weeks and 5 days old and there is no immediate threat to the mother. There was also no foetal abnormality, it said.

The bench was hearing arguments on the Centre's application seeking recall of the apex court's October 9 order permitting the 27-year-old woman, a mother of two, to undergo termination of pregnancy at AIIMS as she was suffering from post-partum psychosis after the birth of her second child.

Under the MTP Act, the upper limit for the termination of pregnancy is 24 weeks for married women, special categories including survivors of rape, and other vulnerable women such as the differently-abled and minors.