Madras HC allows abortion over foetal abnormalities, Supreme Court rejects plea on marital discord

The Madras High Court has permitted a woman to terminate her pregnancy after 24 weeks, holding that a court must bow to a mother's decision not to give birth to a baby with substantial abnormalities. Justice P.T. Asha quashed proceedings by a government hospital that had refused termination on medical board opinion that the neurological abnormalities were not lethal. The judge said the parents would watch the child's daily suffering and that the unborn child too has the right to a dignified life.

Separately, the Supreme Court on Wednesday (4 November) dismissed a married woman's plea to terminate her nearly 26-week consensual pregnancy, holding that differences between a couple after conception do not justify termination under the MTP Act. A bench of Justices B.V. Nagarathna and R. Mahadevan said the case did not involve rape survivors, minors or foetal abnormalities, and the woman could leave the marriage but not unilaterally end the pregnancy. The court noted the foetus was viable and no statutory exception applied.