Supreme Court Friday doubted the authenticity of a postpartum psychosis prescription provided by a pregnant woman who is seeking abortion of her 26-week foetus.
A bench headed by Chief Justice of India (CJI) D Y Chandrachud directed the medical board of AIIMS to examine if the medicines purportedly taken by the pregnant woman had any effect on the foetus.
The bench also granted liberty to the medical board of AIIMS to conduct an «independent evaluation» of the mental and physical condition of the pregnant woman. The bench was told on Friday that the petitioner has refused to reconsider her decision to terminate the 26-week-old foetus.
On Thursday, the top court had given the woman 24 hours to reconsider her decision.
Opposing the medical termination of the pregnancy in the instant case, the counsel for the central government argued that the rights of an unborn child also have to be balanced. The counsel added that the Medical Termination of Pregnancy (MTP) Act was a «pro-choice legislation».
Speaking for the bench, Chief Justice of India (CJI) D Y Chandrachud verbally observed that «one thing is clear, we are far ahead of other countries.
We don't have the Roe versus Wade, we are quite liberal». The bench then adjourned the matter to Monday.
The development took place during the hearing of central government's application against an order of a bench of justices Hima Kohli and BV Nagarathna on Monday, directing abortion after considering an AIIMS's medical board report dated October 6.
It passed the order on Monday respecting the woman's decisional autonomy.
The pregnant woman had told the court that due to her depression, her mother-in-law was looking after her children aged four and one. She added she will not be
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