A larger three-judge bench then rescinded the order on abortion, observing that “we cannot kill a child”.In recent cases involving minors seeking termination of advanced pregnancies, even in cases of rape, the Centre has advocated for carrying the foetus to full term followed by adoption, instead of approving abortions beyond the 24-week statutory limit.The Centre’s lawyers and the All India Institute of Medical Sciences (AIIMS), which is the nodal medical body assigned by the court for abortion cases, have argued that termination of pregnancy in advanced cases is “akin to foeticide”.Additional Solicitor General Aishwarya Bhati made this argument on Thursday, too, in the curative plea filed by AIIMS, pressing for the 15-year-old rape survivor to carry the foetus for “four more weeks” in the interest of the minor as well as the foetus.Also Read | ‘Don’t agree to be party to foeticide’: Delhi HC stays termination of 27-week pregnancy of minor rape survivor after AIIMS cautionsWhile the SC refused to entertain the plea in this case, courts have declined to allow the termination of pregnancy in other cases in the past, allowing the Centre’s stand.In January 2024, the Delhi High Court recalled its order allowing a widow, who was then 32 weeks pregnant, to go for an abortion.Also Read | ‘Parents will choose, not AIIMS’: Supreme Court refuses to hear plea against terminating 15-year-old’s pregnancyIn July 2025, when the Delhi High Court allowed abortion for a 16-year-old rape survivor, AIIMS moved an appeal arguing that the termination of a pregnancy at over 27 weeks would be “akin to foeticide”. After the HC’s division bench “suggested” to the minor’s mother to consider the Centre’s stand, it was agreed that the 16-year-old would carry the pregnancy to full term.On October 10, 2023, AIIMS had written to the Supreme Court in the case of a 27-year-old married woman seeking to end her 26-week pregnancy. The doctor’s email sought a directive on whether “foeticide” must be performed to give effect to the judicial order allowing termination. After receiving the AIIMS report, the same two-judge SC bench was split on allowing the abortion. One of the judges, Justice Hima Kohli, had asked which court would say “stop the foetal heartbeat”.Story continues below this adA larger three-judge bench then rescinded the order on abortion, observing that “we cannot kill a child”.Also Read | SC dismisses AIIMS review petition against its order to terminate 15-year-old’s pregnancyHowever, in April 2024, the SC allowed a 14-year-old minor, a sexual assault survivor, to terminate her pregnancy at 31 weeks. The minor had said that she discovered her pregnancy at around 25 weeks. The Bombay HC initially denied termination because it exceeded the 24-week statutory limit, but subsequently allowed it when the state government consented. As the pregnancy progressed to 30 weeks, a hospital in Mumbai, through ASG Aishwarya Bhati, expressed caution and sought guidance, citing the mother’s “changing statements” and the medical risks associated with foeticide via intracardiac injection at such an advanced stage.Also Read | ‘Protect her honour, dignity’: Karnataka High Court allows 26-week pregnancy termination of minor rape survivorThe SC allowed the termination, noting the medical advice that though termination of pregnancy at this stage was risky, there was a greater threat to the minor’s life if the pregnancy continued to its full term.The opinion of doctors is crucial since the Medical Termination of Pregnancy (MTP) Act allows termination of pregnancy only on the advice of doctors. Medical termination of pregnancies is allowed up to 24 weeks. After 24 weeks, the MTP Act requires a medical board to be set up in “approved facilities”, which may allow termination of pregnancy only if there is a substantial foetal abnormality. The process of setting up such a medical board is often cumbersome, which leads to women approaching the courts.Apurva Vishwanath is the National Legal Editor at The Indian Express, where she leads the organization’s coverage of the Indian judiciary, constitutional law, and public policy. A law graduate with a B.A., LL.B (Hons) from Dr. Ram Manohar Lohiya National Law University, Apurva brings over a decade of specialized experience to her reporting. She is an authority on judicial appointments and the Supreme Court Collegium, providing critical analysis of the country’s legal landscape. Before joining The Indian Express in 2019, she honed her expertise at The Print and Mint. Follow her insights on the intersection of law and governance on Twitter ... Read More © The Indian Express Pvt Ltd