Student seeking abortion of 29-week pregnancy agrees to give child up for adoption after Supreme Court intervenes

A plea for abortion by a 20-year-old student who was carrying a 29-week unwanted pregnancy today culminated in the Supreme Court passing orders to enable the adoption of the child, once the child is born. .A bench led by Chief Justice of India (CJI) DY Chandrachud passed an order permitting the adoption of the child-to-be-born by a couple whose names were suggested by the Solicitor General, and who are registered with the Central Adoption Resource Authority (CARA). Further, the Court has also ordered the All India Institute of Medical Sciences (AIIMS) to give full medical care to the pregnant student, keeping her health and well-being paramount. The order was passed invoking the inherent jurisdiction of the Supreme Court under Article 142 of the Constitution to do complete justice..The student-petitioner before the bench had initially approached the Supreme Court seeking to terminate her pregnancy. However, in an earlier hearing, Solicitor General Tushar Mehta had raised concern that permitting an abortion at 29 weeks may amount to killing the child. Echoing similar concerns, CJI Chandrachud had orally observed, at the time,"AIIMS is bluntly saying that after child is delivered, if court says, 'we will not put the child in neo natal care.' That means what - It is 8 months now and this is not a normal abortion per se."The petitioner's counsel, in reply, submitted,"I discussed the report with the petitioner. She wants the abortion otherwise she says her career would be ruined and what will happen with her life and dignity?"This led the Court to request that Additional Solicitor General Aishwarya Bhati have a dialogue with the student to guide her on her options. .In today's hearing, ASG Bhati informed the Court that the student had agreed with medical advice and was willing to give up the child for adoption. Solicitor General Mehta further informed that a family willing to adopt the child has also been identified. "CARA has a process who decides which family can adopt. But there is a couple who is ready and willing to adopt the child and the child will get excellent upbringing. I am not disclosing their name ... The prospective parents have already registered with CARA", Mehta submitted.The Court further suggested that it could direct AIIMS to take all steps to ensure safe child birth. The child is due for delivery around March 1, the Court was told. .The student's counsel, in the meanwhile, drew the Court's attention to the toll the pregnancy has taken on her. "She has completely broken down. She has left hostel and pregnancy is visible now. She is mentally broken down... Her life is at stake," the counsel submitted.This prompted ASG Bhati to offer her own home to shelter the student."I will bring her to my own home if needed," she said.The Court, in turn, asked SG Mehta and ASG Bhati to come to the Court's chambers so that the issue may be discussed further in private, given the sensitivity of the case. Following such discussion, the Court passed an order to enable the adoption of the child and the medical care of the petitioner at AIIMS. .[Read order]