Supreme Court’s Landmark Decision: Denying Abortion for a 26-Week Pregnancy

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Supreme Court’s Landmark Decision: Denying Abortion for a 26-Week Pregnancy

In a significant ruling, the Supreme Court of India has rejected a married woman’s plea to terminate her 26-week pregnancy. This decision is based on a medical report from the All India Institute of Medical Sciences (AIIMS), which indicated that there were no abnormalities in the unborn child. The verdict has raised questions about the delicate balance between a woman’s right to choose and the rights of the unborn child. Chief Justice of India, DY Chandrachud, emphasized that they could not “stop the heartbeat.”

This article delves into the details of the case and the legal and ethical implications of this decision.

The Medical Termination of Pregnancy Act

The Medical Termination of Pregnancy (MTP) Act in India allows for the termination of pregnancies up to 24 weeks for married women, including survivors of rape and other vulnerable groups such as differently-abled individuals and minors. The Act serves as a legal framework for abortion in the country, balancing the rights of women and the interests of the state in protecting the unborn.

The Petitioner’s Case

The petitioner, a mother of two, sought the court’s permission to terminate her 26-week pregnancy, citing emotional and financial distress as the primary reasons. She claimed to be suffering from depression and believed she was not in a position to raise a third child. In her initial plea, she had requested a court order to allow her to terminate the pregnancy.

AIIMS Medical Report

The court relied on a medical report from AIIMS, which stated that there was no abnormality in the unborn child. This report played a pivotal role in the court’s decision to reject the petitioner’s request. Chief Justice Chandrachud cited Sections 3 and 5 of the MTP Act, arguing that allowing the termination of a pregnancy without immediate danger to the mother and without the presence of fetal abnormalities would violate the law.

Timeline of the Case

On October 9, the court initially allowed the petitioner to proceed with her pregnancy. However, the government sought a recall of the order based on AIIMS doctors’ advice against abortion. A two-judge bench of Justice Hima Kohli and Justice BV Nagarathna had previously given a split verdict on the matter, leading to the Chief Justice of India-led bench taking up the case.

The Court’s Questions

During the proceedings, Chief Justice Chandrachud raised several questions, such as why the petitioner did not seek permission for an abortion earlier. He pointed out that she already had two children and questioned why she had waited for 26 weeks to make her request. He also expressed skepticism about issuing an order for the child’s death through a judicial ruling.

Rights of the Unborn Child

One of the key aspects of this case that the Chief Justice highlighted was the rights of the unborn child. He emphasized the need to consider the child’s interests in the decision-making process. This perspective has sparked a broader debate about the legal and ethical considerations surrounding abortion in India.

The Supreme Court suggested that one option was to let the child be born, and the government could then take responsibility for the child’s care. The court also expressed concerns that a hasty delivery at this stage might lead to deformities in the fetus, making it less likely for the child to be adopted.

This landmark decision has far-reaching implications for women’s reproductive rights and the legal framework surrounding abortion in India. It highlights the delicate balance between a woman’s right to choose and the state’s interest in protecting the unborn. The decision also underscores the need for clearer guidelines and provisions regarding late-term abortions.


The Supreme Court’s refusal to permit the termination of a 26-week pregnancy has ignited a contentious debate surrounding reproductive rights and the rights of the unborn in India. The court’s emphasis on the child’s interests and the potential deformities resulting from a hasty delivery has raised ethical questions about the balance between these conflicting rights. This case will likely continue to shape the discourse on abortion laws and their interpretation in India.

See More

Supreme Court Divided on 26-Week Abortion Case of a Married Woman Refers to Larger Bench

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