SC Tells AIIMS Board to Examine HIV Positive Woman for Abortion

The Supreme Court on Wednesday directed a medical board of All India Institute of Medical Science (AIIMS) to examine a 35-year-old HIV-positive destitute woman, who was raped on the streets of Patna and is 26-week pregnant, for medical termination of her pregnancy.

The apex court said the woman, who has already become a destitute, was sexually assaulted and suffered from a serious medical ailment, should not be allowed to go through further sufferings.

A bench, headed by Justice Dipak Misra, directed the medical board of the AIIMS to examine the woman latest by 6 May to find out whether it would be safe to medically terminate her pregnancy.

The Board should place the report by Monday, it



said.

The apex court further said it would not go into the orders of Patna High Court which had held that the Medical Board's report had stated that it would be unsafe for the life of the petitioner and there was a compelling responsibility of the state to keep the child alive.

The High Court had said the woman's pregnancy had crossed the legal embargo of 20 weeks under the Medical Termination of Pregnancy Act, 1971 and was unsafe to medically terminate her pregnancy.

Vrinda Grover, the advocate who represented the woman, said the High Court had failed to appreciate that the woman was 35 years of age and completely fit to make her own reproductive choices without any interference.