The Supreme Court on Thursday gave special responsibility to the government and the All-India Institute of Medical Sciences (AIIMS) on the petition of a 29-week pregnancy of a girl who was pregnant in a love affair without marriage. The Supreme court also passed orders allowing the child’s adoption once the child is born.
A bench led by Chief Justice of India (CJI) DY Chandrachud passed an order allowing the child-to-be-born to be adopted by a couple whose names were suggested by the Solicitor General and who are registered with the Central Adoption Resource Authority (CARA).
The Court ordered AIIMS to provide full medical care to the pregnant student, with her health and well-being as a top priority.
The order was passed by invoking the Supreme Court’s inherent jurisdiction under Article 142 of the Constitution to do complete justice.
The student-petitioner before the bench had initially approached the Supreme Court seeking to have her pregnancy terminated.
However, in an earlier hearing, Solicitor General Tushar Mehta expressed concern that allowing an abortion at 29 weeks could amount to the child’s death.
CJI Chandrachud had stated orally at the time, echoing similar concerns, “AIIMS is bluntly saying that after child is delivered, if court says, ‘we will not put the child in neo natal care.’ That means what – It is 8 months now and this is not a normal abortion per se.” In response, the petitioner’s counsel stated, “I discussed the report with the petitioner. She wants the abortion otherwise she says her career would be ruined and what will happen with her life and dignity?”
As a result, the Court requested that Additional Solicitor General Aishwarya Bhati to meet with the student to advise her on her options.
ASG Bhati informed the Court during today’s hearing that the student had agreed to medical advice and was willing to give up the child for adoption.
Solicitor General Mehta also stated that a family willing to adopt the child has been found.
Mehta submitted, “CARA has a process that decides which family can adopt, but there is a couple who is ready and willing to adopt the child and the child will get an excellent upbringing. I am not disclosing their name. The prospective parents have already registered with CARA.”
The Court also suggested that it could direct AIIMS to take all necessary precautions to ensure safe childbirth. According to the Court, the child is due around March 1.
Meanwhile, the student’s counsel drew the Court’s attention to the toll the pregnancy has taken on her.
The counsel submitted, “She has completely broken down. She has left the hostel, and her pregnancy is now visible. She has a mental breakdown, her life is at stake.”
This prompted ASG Bhati to offer her own home to shelter the student. “If necessary, I will bring her to my own home,” she stated.
Given the sensitivity of the case, the Court asked SG Mehta and ASG Bhati to come to the Court’s chambers so that the issue could be discussed further in private.
Following such discussion, the Court passed an order allowing the child’s adoption and the petitioner’s medical care at AIIMS.
