The Supreme Court on Wednesday declined to allow a 26-year-old woman, who had lost her husband in October 2023, to terminate her over 32-week pregnancy.

Refusing to permit termination of pregnancy at such an advanced stage, a bench of Justice Bela M Trivedi and Justice Prasanna Bhalachandra Varale said, “It’s a 32-week-foetus. How it can be terminated? Medical board has also said that it cannot be terminated. It is a matter of two weeks; then you can give it for adoption, if you want.”

The top court’s no to termination of pregnancy came as it refused to interfere with the Delhi High Court’s January 23, 2024, order that had recalled its earlier order allowing the woman to terminate her then 29-week-old foetus.

The medical board constituted by the All India Institute of Medical Sciences, New, that examined the expectant mother had opined that there were no abnormalities in the foetus. The Board also said that there is no risk to the woman, if she carries on with the pregnancy.

The medical board had also advised that pregnancy be continued for another two-three weeks for the betterment of the health of the mother and the child.

As the advocate appearing the expectant mother submitted that if she is to give birth, then it will be against her wish. She will have to bear the trauma throughout her life, to which the bench said, “We cannot go beyond the opinion of the medical board. The medical board has opined there is no abnormality and it is a normal foetus.”

On January 4, the High Court had allowed the widow, suffering from depression, to terminate her then 29-week-old foetus as continuation of pregnancy could affect her mental health. It had observed that the right to reproductive choice also includes the right not to procreate.

However, on January 24, on the Centre’s application, the High Court recalled its January 4, order and stalled the termination of pregnancy. The Centre had said that the child has a fair chance of survival and the court should consider protecting the right to life of the unborn child.

The woman, who got married in February, 2023, lost her husband on 19, October after which she came to her parents’ house and got to know on October 31 that she was 20 weeks pregnant.

As per Rule 3(B) of the Medical Termination of Pregnancy (MTP), it permits a woman to terminate her pregnancy up to 24 weeks with certain conditions.