SC directs Delhi AIIMS to examine 20-year-old seeking termination of 29-week pregnancy

New Delhi: Ensuring all women's entitlement to safe and legal abortion, a 20-year-old student's request to terminate her 29-week-old pregnancy was taken into consideration by the Supreme Court as the bench directed the director of AIIMS Delhi last week to set up a team to examine if the termination could be carried out safely. 

A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked AIIMS to submit their report after the medical examination of the 20-year-old B.Tech student to the court.  

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The matter was listed as an urgent hearing before the Chief Justice of India DY Chandrachud. The court asked the Additional Solicitor General (ASG) to assist the court in the case. 

The lawyer appearing for the petitioner told the bench that she is living in a hostel in Ghaziabad. He said the petitioner wants to terminate the 29-week-old pregnancy. The counsel further submitted, "She's a student. She has exams from 23rd." 

The court in its order observed, "At this stage, we consider it appropriate to order that the petitioner is to be evaluated by an AIIMS medical board. We direct the director to constitute a medical team on January 20 to consider whether the termination of the pregnancy can be conducted without any threat to the life of the petitioner." 

The CJI, as per a media report in the Indian Express, observed, "While the issues of law which have been raised by the petitioner will be considered in due course, at this stage, we consider it appropriate to direct that the petitioner may be examined by a team of doctors at AIIMS." The team have been directed to carry out the examination possibly by January 20. 

The apex court directed the top court Registrar to convey the order to the AIIMS director. The top court said it will pass the order on January 23 after examining the report of the AIIMS. 

In a significant judgement given by the Supreme Court in September 2022, the court had held that unmarried women are also entitled to seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship. The court had stated that the exclusion of unmarried women who conceive out of the live-in relationship from the Medical Termination of Pregnancy Rules is unconstitutional. The consequences of unwanted pregnancy on a woman cannot be undermined and the health of the foetus depends on the mental well-being of the mother, the court had said. 

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