A three-judge bench of the Supreme Court, hearing an abortion plea for a 26-week old pregnancy on Friday, 13 October, has asked the All India Institute of Medical Sciences to submit a report on the foetus' and the pregnant woman's by Monday, 16 October.
The apex court asked AIIMS to study:
if the "foetus is suffering from any substantial abnormality"
if the medicines that the woman is taking would have any affect on her carrying the pregnancy further
the mental and physical condition of the pregnant woman
if there's any alternate medication for postpartum psychosis that the woman can be put on that won't harm the foetus
according to Bar & Bench.
A three-judge bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing the plea of a married woman who was seeking to terminate her 26-week pregnancy.
What has happened till now: This comes a day after the bench had said that they couldn't infringe on the rights of the baby (foetus) to protect the rights of the pregnant woman – mentioning the need to find a "balance" between the two.
"We have to balance the rights of the unborn child.. Of course the autonomy of the mother triumphs.. but here nobody is appearing for the child.. How do we balance the rights of the child? Fact of the matter remains.. it is not just a foetus.. It is a living viable foetus and if given birth can survive outside.. If delivered now it will have serious medical issues.. so why not wait for 2 more weeks.. She does not have to keep the child... To put the child to death is only option and how can the child be put to death under a judicial order?"CJI DY Chandrachud on 12 October, reported by Bar & Bench