SC allows mentally challenged woman to give birth

The Supreme Court today stayed till further orders the Punjab and Haryana High Court judgment which permitted abortion of a mentally challenged pregnant woman.

A bench comprising Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan directed that the court would give reasons later.

The apex court also made it clear that they were going to set aside the impugned judgment.

Earlier, the High Court had allowed the writ petition of the Chandigarh administration seeking permission to abort the child keeping in view the report of medical board that the woman could not cope with labour pains. It would also not be in the interest of the fetus as it might have some genetic problem. Possibility of the baby of being mentally challenged could also not be ruled out.

The apex court after hearing Suchita Srivastava, an advocate, who had challenged the High Court judgment on the ground that the woman was in the 20th week of her pregnancy and as per medical jurisprudence medical termination of pregnancy was not permissible after 20 weeks.

It also heard a gynecologist and a psychiatrist both of whom were of the opinion that keeping in view the peculiar facts of the case that the woman, who was raped during her stay in Nari Niketan, was incapable of understanding the consequences of child bearing, upbringing of the child could give rise to serious problems.

The woman, who is not only mentally challenged but an orphan also, would not be able to bring up the baby with love and care, they said.

A national trust for the mentally challenged and persons having multiple disabilities, however, came forward to take the responsibility of bringing up the baby.

The apex court also expressed the hope that the woman and her fetus would be properly looked after by the authority and proper medical care would be provided to them.