Supreme Court of India chooses to protect 26-week preborn baby from abortion

In India, abortion is currently permitted through 24 weeks of pregnancy — and the Supreme Court has refused to allow for one woman to have an abortion past the limit.

Last week, news broke that the court was considering a woman’s request for an abortion at 26 weeks gestation, saying they needed to consider the “rights of the unborn child.” The court explained, “Undoubtedly, the autonomy of woman must trump. She has a right under Article 21, but equally, we must be conscious of the fact that whatever is done will affect the rights of the unborn child.”

Additional Solicitor General Aishwarya Bhati told the court that it was possible the baby could survive, and in that scenario, feticide would be necessary. “She came to know about this pregnancy after 24 weeks and she is not in the right state of mind to give birth to the third child,” the counsel representing the mother said. “She is not educated enough and she is on depression medicines.”

Chief Justice of India DY Chandrachud was seemingly not moved. “She says she is not ready. She is going to have a delivery right now — a C-section. Why doesn’t she do it a few weeks later?” he asked. “She can give the child for adoption. Then the child would have a chance of survival because it’s a viable child. They are saying that, look, we can only do this (abortion) by stopping the foetal heart.”

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By Monday, the court issued its final ruling: the request for an abortion was denied.

Chandrachud, along with Justice J.B. Pardiwala and Justice Manoj Misra, noted that the All India Institute of Medical Sciences (AIIMS) had admitted the baby was healthy, and that the request was seemingly made to commit an induction abortion — to inject the preborn child with a chemical which would stop his or her heart. However, the counsel for the woman also said she was requesting permission to undergo a c-section now, despite the extreme prematurity, instead of waiting for the baby to be full-term.

The court said there were only two exceptions for abortions past the 24-week mark: an immediate threat to the mother, and a fetal abnormality. As neither was present, the request was denied.

While the court sided for life in this circumstance, it had previously allowed women to undergo late abortions.