The bench and the body
A 15-year-old in Delhi was 27 weeks pregnant when her mother sought a late-term abortion. An AIIMS-led medical board advised against termination, leading the Delhi High Court to deny permission, after which the case moved to the Supreme Court with adoption proposed as an alternative.
Why It Matters
The case highlights the legal and medical complexities of late-term abortions for minors, balancing maternal and fetal risks, medical ethics, and judicial processes in India.
Timeline
4 Events
Supreme Court involvement and adoption argument
The mother then approached the Supreme Court. The Solicitor General, Tushar Mehta, argued that given the medical report indicating risks to the life of both the 15-year-old and fetus, adoption would be a preferable alternative to abortion.
Delhi High Court denies permission based on board's advice
The board concluded that termination at 27 weeks carried significant risks to the mother and baby, including the possibility of a live neonatal birth requiring active resuscitation and potential severe disabilities. On this basis, the Delhi High Court denied permission for abortion.
Medical board formed under High Court orders
Three days after the petition, the Delhi High Court ordered the formation of an eight-member board of specialists from AIIMS, including a gynaecologist, paediatrician and psychiatrist, to assess the pregnancy and the viability of termination.
Petition filed for late-term abortion by mother
The mother filed a petition before the Delhi High Court seeking permission for a late-stage abortion for her 15-year-old daughter, who was 27 weeks pregnant.