Overview
- Justices R.V. Ghuge and Abhay Mantri refused medical termination after the court sought and received a report from Sir JJ Group of Hospitals.
- The medical board said the foetus showed no congenital anomalies, would likely be born with a beating heart if termination were attempted, and would require intensive neonatal care.
- The report noted the hospital lacked expertise to perform infra-foeticide, narrowing clinical options at 28 weeks’ gestation.
- Citing Supreme Court precedents on foetal viability, the bench rejected forced premature delivery and directed that birth be followed by an adoption pathway if the mother so chooses.
- The woman conceived while a minor, an FIR was filed on January 2, and although she cited education and career concerns, the court noted she was about 12 weeks from a natural delivery and ordered Child Welfare Committee support.