AIIMS looks into 26-week pregnant woman case

New Delhi: The Supreme Court on Wednesday asked the All-India Institute of Medical Sciences (AIIMS) to form a medical board to examine whether a 26-week-old HIV-positive foetus could be aborted, and the woman, a rape victim, could be saved.

A three-judge bench of Justices Dipak Misran, A.M. Kanwilkar and M.M. Shantanagouder asked the board to examine the woman from Patna by May 6 and submit a report on May 8. “We are concerned with saving the life of a destitute woman,” the bench said.

Counsel Vrinda Grover appearing for the woman told the apex court that the Patna high court had rejected her plea for termination of pregnancy.

The Patna HC based its order on the report of doctors that it would not be safe for the mother and the child. Additional solicitors general Tushar Meht and P.S. Narasimha agreed with the apex court that every effort must be made to save the woman, and so another medical opinion is necessary.

The 35-year-old woman sought termination of pregnancy on March 4 this year on the ground that after being sexually assaulted, she was given shelter in a women rehabilitation facility in Patna, where her pregnancy was discovered.

It has also been found that she is HIV positive. She was then examined by Patna Medical College and Hospital, following which she moved the Patna HC.

The apex court Bench asked counsels Mr Narasimha and Mr Mehta to assist the court on the issue and hold discussions with doctors. The court posted the matter for further hearing on May 8.