'Can't kill a child': SC gives woman seeking abortion 24 hours to reconsider her decision
PTC News Desk: The Supreme Court granted a woman seeking an abortion on her 26-week-fetus 24 hours to reconsider her decision, emphasizing that it was not in favour of terminating the pregnancy and that the rights of an unborn child must be balanced with a woman's reproductive right.
“Today AIIMS [All India Institute of Medical Sciences] is asking us that Mr. Supreme Court, you are asking us to carry out foeticide...We cannot kill the child," a bench led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said.
On Wednesday, another two-judge bench issued a split decision on whether to proceed with the abortion. The CJI-led bench, which also included justices JB Pardiwala and Manoj Misra, stated categorically that a woman's reproductive right must take priority under Article 21 of the Constitution. “But equally whatever we do has to balance the rights of an unborn child as nobody is appearing for the child.”
It also stated that the option of terminating a fetus may be considered in cases of forced pregnancy or a minor who is unaware of the consequences of giving birth.
The court was reviewing the Union government's application against a judgment directing abortion issued by a panel of justices Hima Kohli and BV Nagarathna on Monday after considering an AIIMS medical board report dated October 6. It issued the order respecting the woman's decisional autonomy on Monday.
The woman informed the court that her mother-in-law was caring for her two children, ages four and one because she was depressed. She also stated that she would be unable to care for a third child.
The application cited another point of view of one of the doctors, who stated that terminating pregnancy would require doctors to stop the foetal heart. On Tuesday, the government obtained a stay of abortion from the CJI-led bench. The case was heard by the same bench that issued the order to terminate the pregnancy. The only difference, according to the CJI-led bench, was the addition of the word "foeticide" to the board's opinion.
The court's additional solicitor general, Aishwarya Bhati, told the court that the recall application was submitted because the ruling violated the law and the board's opinion. "To go against the law and medical opinion will be difficult and chaotic for the country." According to Bhati, the 27-year-old petitioner has been vacillating.
When the court asked if he wanted the foetus to be killed, the petitioner's lawyer, Rahul Sharma, said no. “Do you wait for 26 weeks to realise that you want to end pregnancy," the bench asked the petitioner.
Sharma stated that the viability of the pregnancy was raised with his client solely because she is married. He emphasized that if the woman was a minor or unmarried, this would not be an issue.
- With inputs from agencies
