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The Supreme Court on Monday deputed Additional Solicitor General (ASG) Aishwarya Bhati to interact with a 20-year-old woman who had approached it seeking permission to abort her over 29-week-old pregnancy, after a medical examination at the AIIMS reported that there is a high possibility that the foetus will be alive when taken out.
Heading a three-judge bench, Chief Justice of India D Y Chandrachud pointed out that as per the AIIMS report, there is 80 per cent chance that the foetus will be alive. “Even if she wants to abort right now, it has to be a cesarean and there is 80 per cent chance that the child will be born alive. They say once a child is born even by C-section, it will have to be sent for neonatal care,” the CJI said.
The counsel appearing for the woman said she had seen the report and was firm on her decision to abort. “I discussed it with the petitioner. She saw the report also. She doesn’t want it (the pregnancy). She asks how she will go to college… says her career will be ruined, dignity will be jeoperdised,” the counsel said.
The CJI said the court is equally concerned and the issue is only about the stage at which she has come to the court. “That is why we asked AIIMS to examine. What AIIMS basically telling us is this — to put it bluntly, if you tell us not to put the foetus in neonatal care, we won’t. But as doctors, the moment they perform the cesarean, they have to place the child, foetus, in neonatal care. This is close to 8 months,” the court said.
The Bench, also comprising Justices V Subramanian and J B Pardiwala, then asked ASG Bhati if she could speak to the petitioner. Bhati responded that she will only be happy to help. She also pointed out that the AIIMS report had said that the petitioner can also consult the hospital’s psychiatry department for counselling.
The court then recorded in its order that “having regard to the contents of the report, we have requested Ms Aishwarya Bhati to interact with the petitioner as an officer of the court and to guide her appropriately. The AIIMS team has suggested that the petitioner may consult the psychiatry OPD for counselling”.
The court had on January 19 asked the AIIMS Director to constitute a team of doctors to examine if it will be possible to safely terminate the pregnancy.
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