"A woman has a sacrosanct right to her bodily integrity," was a historic statement made by Justice Dipak Misra and M Khanwilkar as they allowed a 26-week pregnant woman from Kolkata, Sharmishta Chakraborty, to undergo an abortion due to an "abnormal" foetus.
“Keeping in view the report of the medical board, we are inclined to allow the prayer and direct medical termination of pregnancy of petitioner no. 1 (woman),” the bench said.
The bench further stated that the termination should be carried out ‘forthwith’ at the SSKM Hospital in Kolkata.

The case into the limelight when on June 23 the apex court had ordered an inquiry into the matter after the woman and her husband approached the SC and filed a petition to undergo an abortion.
- Sharmishta, in her petition, had claimed that her foetus had severe complications and may die if allowed to be born.
- She also presented a medical report by paediatric pulmonologist, Dr. Devi Shetty, which stated that the foetus was suffering from a severe form of cardiac impairment called pulmonary atresia.
- Moreover, the doctors noted that the baby's birth, if allowed, would put the mother's life in danger.
- The medical board from SSKM hospital also said that the baby would not survive for a long time, even if he survived.
After going through the report on June 23, Justice Chandrachud said, "In situations like these, you have to look at the quality of life for the mother too. Look at the plight of the mother who lives in a constant fear that her child will be brain dead even after a corrective surgery."
In her petition, Sharmishta also mentioned that out of 26 million births in India every year, approximately 2-3 percent of the foetuses have a severe congenital or chromosomal abnormality. Most of these abnormalities can only be detected after 20 weeks, she added.
Precautions after an abortion
While we agree with the Supreme Court's decision, an abortion at 26-weeks can indeed have a profound impact on the physical and mental health of the woman. This it is important to take care after a woman terminates her pregnancy. Here are some things to keep in mind:
- Bleeding might last for one to three weeks after the abortion and it can be heavy, moderate or light depending on your overall physical health. However, very heavy bleeding must always be reported to your doctor.
- Menstrual-like cramps are quite normal after an abortion, but if you're experiencing heavy abdominal cramps with severe pain, show it your doctor.
- You will get your normal period three to six weeks after an abortion, failing which it is recommended to consult a gynaecologist.
- Heavy exercises should be avoided three to four weeks after an abortion.
Read: Conceive after abortion: Dos and don'ts
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