Supreme Court asks ASG to guide petitioner: Plea for abortion; after AIIMS report about possibility of baby being born alive

The bench comprising of Chief Justice of India, D.Y. Chandrachud, Justice V. Ramasubramanian and Justice J.B. Pardiwala in the case observed and has handed the report of the committees to the counsel appearing for the petitioner and the Additional Solicitor General of India.

The Supreme Court in the case P v. UoI And Anr, wherein a plea was filed by a 20-year old unmarried woman for seeking permission to terminate a 29-week pregnancy. The Top Court asked the the Additional Solicitor General, Ms. Aishwarya Bhati, to interact with the woman and provide her the guidance.

The bench headed by Chief Justice of India, D.Y. Chandrachud in the case directed the AIIMS to constitute a committee to assess if medical termination can take place without any threat to the life of the petitioner.

The bench comprising of Chief Justice of India, D.Y. Chandrachud, Justice V. Ramasubramanian and Justice J.B. Pardiwala in the case observed and has handed the report of the committees to the counsel appearing for the petitioner and the Additional Solicitor General of India.

The court observed that as per the said report, in order to abort the pregnancy at the present stage, a Csection surgery is required to be conducted and there is a high possibility that the baby will be born alive.

At the Outset, it has been opined by the CJI that the said case was different from the previous case where abortion was being allowed. Given the factual background, it has been the requested by the Court to ASG’s intervention for guiding the petitioner. Adding to which, ASG Bharti responded, “I will be happy to help.”

The committee which is constituted by AIIMS has also suggested that the petitioner to consult psychiatric OPD at AIIMS for counselling.

Further, the counsel hearing for the petitioner informed the bench that at present the petitioner is appearing for her examination, this court will go on till the end of the month. In view of the same, thereafter, he implored the Bench to take up the matter.

Accordingly, the bench acceded to the request and the bench listed the matter to be next heard on 2nd February, 2023.

Shaily Rathour

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