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Unwanted pregnancy: SC comes as saviour for 20-yr-old B.Tech student [Read Order]

By Lawstreet News Network      Feb 04, 2023      0 Comments
Unwanted pregnancy: SC comes as saviour for 20-yr-old B Tech student

NEW DELHI: The Supreme Court on Thursday came as saviour for a 20-year-old B Tech student, who was carrying over 29-week unwanted pregnancy, by facilitating her safe delivery at AIIMS here and allowing the baby to be adopted by a couple.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took into account the fact that Additional Solicitor General Aishwarya Bhati and Dr Amit Mishra, the petitioner's counsel persuaded the student to deliver the child.

“In the circumstances, having regard to the late stage of the pregnancy, it has been considered in the best interest of the mother and the fetus that the child, upon delivery, may be given in adoption. The request for adoption has been suggested by the petitioner since she would not be in a position to care for the child,” the court said.

Solicitor General Tushar Mehta said submitted a couple registered with Child Adoption Resource Authority (CARA) under the Union Ministry of Women and Child Development has agreed to adopt the child.

Bhati, who was earlier asked by the court to talk to the petitioner, said that she has also interacted with the sister of the petitioner to explore if she would be willing to take the child in adoption. However, the sister expressed her inability to do so for a variety of reasons.

The petitioner's counsel Mishra submitted that the petitioner was in precarious mental condition.

"She is completely broken down. She has left the hostel. Her life is at stake," he said.

He requested for an early date of delivery keeping in view of her career prospects.

At this stage, Bhati said if necessary, she is ready to offer her home for the girl to stay till the delivery.

Before passing the order under Article 142 of the Constitution, the judges interacted with the counsel inside the chambers.

In the order, the court requested the director, AIIMS here to ensure that all necessary facilities are made available without the payment of fees, charges or expenses of any nature so that the delivery can take place in a safe environment.

"The privacy of the petitioner shall be maintained and all steps shall be taken to ensure that the identity of the petitioner is not divulged in the course of the hospitalization at AIIMS,” the bench said.

The court further granted permission for the adoption of the child by the prospective parents.

“We are adopting the present course of action consistent with the jurisdiction of this court under Article 142 of the Constitution having regard to the extraordinary situation which has emerged before the court involving a young woman in distress, who moved this court at a late stage of her pregnancy,” the bench said.

"We would request the All India Institute of Medical Sciences to take all necessary precautions in the interest of the safety and health of the mother and the fetus so that a suitable date for delivery can be fixed bearing in mind the expert medical advice," the bench added.

[Read Order]

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