Summary
The Supreme Court recalled its earlier permission to terminate a pregnancy exceeding twenty-six weeks. On the Medical Board’s reports, neither substantial foetal abnormality nor an immediate necessity to save the pregnant woman’s life was established. It exceptionally exercised Article 142 jurisdiction to hear the urgent recall matter, while explaining that review was the proper procedural route. Delivery at AIIMS with Union-funded medical care was directed; adoption remained the parents’ choice.
Issues
- Whether the urgent recall application could be entertained after the earlier order.
- Whether statutory conditions permitted termination beyond twenty-four weeks on the medical evidence.
Provisions considered
- Sections 3(2B) and 5, Medical Termination of Pregnancy Act, 1971Beyond twenty-four weeks, the relevant exceptions required substantial foetal abnormalities diagnosed by a Medical Board or a practitioner’s good-faith opinion that termination was immediately necessary to save the woman’s life. Neither condition was established here. (¶¶ 13–17, 24)
- Article 142, Constitution of IndiaExceptional urgency and consequential medical information received after the earlier order justified entertaining the matter, without establishing a general recall procedure or overriding mandatory substantive law. (¶ 19–25)
Held
- A final order ordinarily must be challenged by the prescribed review, appeal or curative route. A recall application cannot operate as an intra-court appeal; review with applications for urgent listing and open-court hearing was the appropriate course here. (¶ 19–20)
- The medical context, new information outside the parties’ control and exceptional urgency justified exercise of Article 142 to address the recall matter. (¶ 21–22)
- The pregnancy exceeded twenty-four weeks and the reports established neither substantial foetal abnormalities nor that termination was immediately necessary to save the petitioner’s life. The Court therefore declined termination on this record. (¶ 24–26)
- AIIMS was to conduct delivery at the appropriate time, with the Union paying delivery and incidental medical costs. Any adoption decision remained entirely with the parents, with assistance promised if they chose that course. (¶ 27–29)
Result
Recall application allowed; earlier permission for medical termination recalled. Petition and application disposed of with directions for AIIMS delivery and Union-funded care; adoption left to the parents’ choice.