Poonam Sharma vs Union of India and another (2023)

Introduction

In the case of Writ Petition (Civil) No. 1137/2023, Poonam Sharma, the petitioner, sought relief from the Supreme Court of India under Article 32 of the Constitution. The petition requested the Court to direct the respondents, the Union of India and another party, to allow her to terminate her ongoing pregnancy in light of the Medical Termination of Pregnancy (MTP) Act, 1971. Sharma argued that she was not physically, mentally, psychologically, or financially prepared to continue with the pregnancy, which had occurred despite her use of the Lactational Amenorrhea Method (LAM) as a contraceptive

Facts

The petitioner, Poonam Sharma was a married 27-year-old lady and had two sons aged 4 years and 2 years respectively. She had both the sons through C-section. Her current pregnancy came as a shock to her as she didn’t not realise her on-going pregnancy as she has adopted  Lactational Amenorrhea Method (LAM) and was also undergoing psychiatric treatment. Poonam is a homemaker and is working in a private company . The petitioner’s husband has the responsibility to take care of his own family as well as his aged parents and a sister. Therefore, it was not possible for petitioner to feed one more person. The petitioner had approached many doctor but was refused to terminate her pregnancy as she was already 25 weeks 5 days pregnant and medical termination of pregnancy is allowed only upto 24 weeks. So, the petitioner approached the supreme court for the same reason.

Issues

Can pregnancy be termed after 24 weeks ?

Rule of law involved

The case involved the interpretation and application of the Medical Termination of Pregnancy (MTP) Act, 1971, particularly Section 3(2)(b)(i) and Sections 3(3) and 5, as well as Rule 3B of the MTP Rules, which govern the conditions under which abortions can be legally performed. Section 3(2)(b) of the MTP Act permits termination of pregnancy up to 20 weeks under certain conditions, and up to 24 weeks in specific cases, including risks to the woman’s mental or physical health. Rule 3B outlines further conditions and categories for allowing termination beyond 20 weeks.

Medical Report

A Medical Board at AIIMS, New Delhi, reviewed the case and noted that the fetus was viable with a gestational age of 25 weeks and 5 days. The Board indicated potential health risks for both the mother and the fetus but concluded that the termination was not advised at that stage.

Judgement

The Supreme Court, recognizing the petitioner’s severe physical and psychological distress, and considering her previous medical conditions and family circumstances, allowed the petition. The Court directed that Poonam Sharma be admitted to AIIMS for the termination of her pregnancy.

Significance

The Court emphasized the importance of considering the mental and physical health of women seeking abortions, particularly in cases of advanced pregnancy where statutory restrictions apply. It also highlighted the need for timely and adequate family planning measures to prevent unwanted pregnancy.

Conclusion

The Supreme Court allowed the petition, directing Poonam Sharma to visit the Obstetrics and Gynaecology Department at AIIMS, New Delhi, on October 10, 2023. The Court permitted the termination of her pregnancy, acknowledging the petitioner’s severe physical, mental, and psychological distress, and her previous health complications. The Court also emphasized the importance of timely family planning and highlighted the broader issues related to family planning and reproductive health. The decision was made to balance Sharma’s immediate health needs with the legal framework governing medical terminations of pregnancy.