The Supreme Court refused to allow a woman to abort her 27-week foetus diagnosed with polyhydramnios with Arnold Chairi malformation Type 2 severe hydrocephalus with lumbosacral meningo myelocele and spina bifida with tethered cord.
Though the medical board in its report stated that the baby is not likely to survive like a normal baby, it said that it not possible to determine the period of time for which the baby is likely to survive.
Perusing the report submitted by the medical board, the Bench comprising Justice SA Bobde and Justice L. Nageswara Rao also observed that, there is no danger to the mother's life and that 'the baby may be born alive and may survive for variable period of time. Taking into account these findings, the Court said it cannot direct the Doctors to terminate the pregnancy.
The Court also said that termination of pregnancy cannot be permitted due to the reason that the petitioner is anxious about the outcome of the pregnancy.
In February, the top court had allowed a 22-year-old woman to terminate her 24-week pregnancy on the ground that it would endanger her life. In January, the apex court allowed a Mumbai-based woman, who was in her 24th week of pregnancy, to terminate her foetus. In yet another case, the Court had not allowed a woman to abort her 26-week foetus set to be born with ‘down syndrome noting that there is no danger to the life of the mother or the foetus.
Read the Order here.