Legal battle ensues: 26-Week pregnancy termination temporarily halted by Supreme Court

The Supreme Court has issued an order to defer the medical termination of a 26-week pregnancy for a married woman, a day after granting her permission to proceed with the abortion. The initial authorization was withdrawn following a plea by the Centre's representative, Additional Solicitor General Aishwarya Bhati, who pointed out inconsistencies between the court's decision and the medical report of the pregnant woman.

The court had originally allowed the termination, but requested AIIMS specialists to conduct a medical examination and provide a report. The Chief Justice of India, DY Chandrachud, was subsequently informed about the conflicting nature of the order and the medical report, leading to a plea to reconsider the abortion decision due to the foetus's viability.

The case, initially heard by a bench led by Justice Hima Kohli and Justice BV Nagarathna, allowed the married woman to proceed with the medical procedure to terminate her pregnancy. The woman cited being unaware of her pregnancy until a late stage, as well as her inability to raise a third child while breastfeeding her second.

The court recognized the woman's right to her body and her concern about taking on the responsibility of raising another child. However, the court deferred the abortion after discrepancies in the medical evaluation and is expected to revisit the matter on Wednesday. It is important to note that, under the Medical Termination of Pregnancy (MTP) Act, pregnancy termination is generally allowed up to 24 weeks.