Medical Community Divided on SC’s Rejection of Request to Terminate 26-Week Pregnancy: “Incorrect to Call It Abortion”

On Monday, the Supreme Court denied a married woman’s plea to end a pregnancy that had lasted longer than 26 weeks.

The All India Institute of Medical Sciences (AIIMS, New Delhi) medical findings stating that there are no dangers to the mother’s life and the lack of any fetal abnormalities led the bench of Chief Justice of India DY Chandrachud to rule in favor of pro-life.

In order to ascertain if the 26-week-old foetus of a married lady who is requesting permission for a pregnancy abortion displays any anomalies, the court asked the AIIMS medical board for a report on the previous Friday. The hospital submitted their report on October 13.

While the majority of medical experts agreed with the top court’s conclusion that a pregnancy should not be terminated at 26 weeks due to the foetus’ advanced development, some medical experts countered that the value of protecting the life of a woman who is suffering from a severe mental illness should not be overshadowed by the sanctity of the foetus’ life.

Although many physicians disagreed with SC’s judgment, few of them choose to share their opinions publicly.

While three major hospital networks declined to comment on the verdict, a few of gynecologists consented to do so under the condition of anonymity.

KILLING A ‘PRE-TERM’ BABY OR FORCING A ‘PSYCHOSIS PATIENT’ TO CARRY A CHILD

There are two different viewpoints, according to medical professionals.

“newborns that are born at roughly 26 weeks are referred to as pre-term newborns. As a result, calling it an abortion is wrong. According to Rinku Sengupta, an obstetrician and gynecologist at Rainbow Children’s Hospital, it is known as pre-term delivery or termination of pregnancy.

She highlighted that in emergency cases, women may often have a safe delivery, and the majority of infants would thrive, perhaps requiring a few days of special care, to show the normal consequences of a 26-week pregnancy.

“When a person chooses to end their pregnancy, fetotoxic medicines are used to stop the heartbeat before the foetus is often removed by inducing labor. C-Sections are not used.

She cited instances from other nations as evidence. “For instance,” she added, “such drugs are injected but only in cases where the foetus has a proven anomaly like Down Syndrome or the mother’s life is at critical risk.”

Sengupta expressed gratitude for the SC’s decision while also expressing worry for the prospective mother. “My worry is how ill she is. There are several levels of postpartum depression severity, and medications will aid in her recovery.

Different medical professionals have different beliefs, and many of them believe that the mother’s decision should be given priority.

“To the best of my abilities, I personally do not support this verdict. An obstetrician and gynecologist told News18 on condition of anonymity that a psychotic patient shouldn’t be coerced into carrying a baby she doesn’t want.

According to her, “psychosis is a serious mental illness,” and “forcing such a patient to carry a pregnancy to term against her will is neglecting the well-being of a fully grown adult woman, for the sake of saving the life of a 26-week foetus who has yet to experience any life and would have 90% mortality if born at this gestational age.”

She emphasized that “the court should take into view the provision in the Medical Termination of Pregnancy (MTP) Act that the pregnancy can be made to undergo a medical termination if it were to cause the mother serious psychological harm.”

“Each case is different, and the sanctity of a foetus at 26 weeks should not supersede the sanctity of a woman experiencing a serious mental illness.”

EXPERTS SUPPORT THE SC DECISION

Dr. Ruby Sehra, senior consultant in gynecology at Sri Balaji Action Medical Institute, thinks it is “worth applauding” that the court rejected the appeal. It’s critical to comprehend that a woman’s health and wellbeing should always be the “top priority,” according to Sehra.

The consequences a woman may have after a late-term abortion are many and include hemorrhage, infection, and damage to the uterus or surrounding organs. Furthermore, she said, one must not undervalue the long-term effects of such a choice.

“Physical and mental health may both be negatively affected. Women who have had abortions sometimes struggle to recover from long-lasting mental pain, remorse, and sadness.

She indicated there may be physical problems like scars, problems with fertility, or other things.

“In these situations, the best course of action is to provide the lady complete medical attention as well as support. It’s a difficult choice, but it’s the one that protects the woman’s general health,” she said.

In New Delhi, Holy Family Hospital’s medical director, Dr. Sumit Ray, said that the prospective mother “suffers from postpartum depression and also suffered from psychosis… She worries she could contract it once again. However, she is more psychologically than physically afraid.

WHAT IS CONTAINED IN THE AIIMS REPORT?

The most recent assessment provided by a panel led by K Aparna Sharma states that “the foetus does not currently have any structural anomalies.”

The SC’s ruling is supported by this report, which News18 has access to.

According to the psychiatrist on the board, “the risk of adverse outcomes for the mother and foetus as compared to other pregnant women is not likely to significantly increase if the pregnancy is continued to full term while the woman is on the revised medications.”

According to a psychiatric evaluation, the board found that she had a history of postpartum psychosis that was now under control with medication. For the best treatment, her meds have been evaluated and changed.

The board reached the following conclusion: “With proper care and treatment under appropriate medical supervision, the mother and baby can be managed well during pregnancy and postpartum, as has previously been evidenced by her response to medications.”

If her symptoms increase, she could be hospitalized and given treatment.