Supreme Court: In a case involving a young 20 year old woman, who moved the Supreme Court at a late stage of her pregnancy, the 3-judge bench of Dr DY Chandrachud, CJ and PS Narasimha and JB Pardiwala, JJ as well as the law officers and the lawyer appearing for the woman, joined hands to deliver ‘justice' in its truest sense as the woman has not only been allowed to go ahead with her desire to deliver the child at an early date but also protect the future of the child, who will be adopted by a couple registered with the Child Adoption Resource Authority (CARA). This balanced order came, after the woman and her family showed inability to raise the child with due care that a child deserves.
The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister who is about ten years older than her. However, all of them showed their inability to raise the child. While the woman had initially sought for abortion, she eventually showed desire to go ahead with her delivery but at an early date.
Hence, it has been decided by the Court that upon delivery, the child may be given in adoption. The request for adoption has been suggested by the petitioner since she would not be in a position to care for the child.
SG Tushar Mehta and ASG Aishwarya Bhati told the Court that two prospective parents who have been registered with a parent registration number under CARA are ready and willing to adopt the child.
Considering al these factors and submissions, the Court directed:
(i) The delivery of the child by the petitioner shall take place at AIIMS.
a. All necessary facilities are made available without the payment of fees, charges or expenses of any nature so that the delivery can take place in a safe environment at AIIMS.
b. The privacy of the petitioner shall be maintained and all steps shall be taken to ensure that the identity of the petitioner is not divulged in the course of the hospitalization at AIIMS; and
c. All necessary precautions, in the interest of the safety and health of the mother and the fetus, to be taken so that a suitable date for delivery can be fixed bearing in mind the expert medical advice at AIIMS.
(ii) CARA to facilitate the adoption of the child by the prospective parents.
[P v. Union of India, Writ Petition(s)(Civil) No(s).65/2023, decided on 02-02-2023]
Advocates who appeared in this case :
For petitioner: Advocate Dr Amit Mishra
For UOI: Solicitor General Tushar Mehta, Additional Solicitor General Aishwarya Bhati