The Supreme Court on Tuesday asked a panel of doctors in AIIMS to put on hold the medical procedure of termination of 26-week pregnancy of a married woman.
A bench, headed by CJI D.Y. Chandrachud took note of the submissions by Additional Solicitor General Aishwarya Bhati that the foetus, in the 26th week of gestation, is likely to be viable.
Bhati, who represented Centre, said that preventing a child being born alive or to cause it to die after birth is a punishable offence under Section 315 of IPC and doctors undertaking medical procedure to terminate pregnancy at such an advanced stage are facing an ethical dilemma.
“Doctors are right now holding their hands. The directions must be given today. If your lordships may consider having the matter tomorrow,” she pleaded.
At this, CJI Chandrachud asked the Centre to place a formal application seeking recall of the earlier order passed by the apex court, adding that he will assign the matter to the same special bench for hearing on Wednesday.
On Monday, a special bench of Justices Hima Kohli and B.V. Nagarathna ordered the Obstetrics and Gynaecology Department in AIIMS New Delhi to undertake medical termination of the petitioner’s pregnancy at the earliest after taking into consideration the opinion rendered by a medical board relating to her medical condition.
The petitioner women, having post pregnancy depression and lactational amenorrhea – realised about her pregnancy belatedly, petitioned the Supreme Court on October 4 seeking medical termination of her over 24 weeks pregnancy.
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