The Supreme Court on Friday asked the medical board at All India Institute of Medical Science, New Delhi, to examine the expectant mother, seeking to terminate her 26-week-old pregnancy, whether the fetus is suffering from any serious abnormality posing substantial risk if the child was born, as provided by subsection 2(b) of Section 3 of the Medical Termination of Pregnancy Act (MTP Act).

The subsection 2(b) of Section 3 of the MTP Act provides for the termination of pregnancy if (i) the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health; or (ii) there is a substantial risk that if the child were born, it would suffer from any serious physical or mental abnormality.

Stating that they have the earlier report of the AIIMS medical board stating that the fetus is normal, Chief Justice D.Y. Chandrachud heading a bench also comprising Justice J.B. Pardiwala and Justice Manoj Misra said that nonetheless, in order to place the matter beyond doubt, they are seeking further report on whether fetus is not suffering from any abnormality.

The bench also asked the medical board to examine Whether the continuance of the pregnancy of the petitioner pregnant woman to full term would be jeopardised by the drugs she is taking for the treatment of Postpartum psychosis which she is allegedly suffering from.

The bench further asked the medical board to apprise the court if the pregnant woman is found to be suffering from postpartum psychosis and whether any alternate administration of medication consistent with the pregnancy would be available so as to neither jeopardise her well-being nor that of the fetus.

The bench noted that the petitioner pregnant woman was married on December 3, 2017 and gave birth to first child on September 30, 2019 and her second child too was born on September 30, 2022. Within a week of the delivery of second child she was diagnosed to be suffering from the post-partum psychosis. Since then she has been taking treatment for it.

It is because of this condition that her two children are being looked after by her mother-in-law, her lawyer Amit Mishra told the bench.

The bench posted the matter for hearing on October 16, with Additional Solicitor General Aishwarya Bhati placing before it the report of the medical board. The bench directed the petitioner pregnant woman to appear before the medical board at 02.00 pm today itself.

During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for Centre, told the bench that they were not able to persuade the woman not to go for termination of pregnancy. ASG Bhati said that the woman is “oscillating” on her decision.

The ASG Bhati urged the bench to separate the determination of law and the woman’s case as she is still vulnerable. ASG Bhati took the court through the MTP Act stating that India has a pro-choice legislation and hence women’s autonomy is important.

However, she said that pro-choice option should not result in the extermination of the life of the unborn child.

CJI Chandrachud said that MTP Act seeks to strike a balance but is weighed in the favour of pregnant women.

The Woman’s lawyer Amit Mishra told the SC that the woman is 26 years old and got married in Dec 2017. Woman’s lawyer told the bench that she had heavy symptoms of postpartum psychosis after her second delivery and complained of abnormal behaviour. Lawyer submitted to SC that her treatment started in Oct 2022.