The Supreme Court on Thursday highlighted the importance of protecting the life of an unborn child while seeking to balance this with the rights of the expected mother. The case under scrutiny involved the termination of a 26-week-old foetus.
During the hearing, the Supreme Court challenged the petitioner’s counsel, asking, “Do you want us to tell doctors at AIIMS to stop the heartbeat of the foetus.” The Court underlined the fact that the foetus in question was alive and viable.
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The three-judge bench, presided over by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, inquired whether the petitioner could wait for a few more weeks of pregnancy, considering she had already waited for 26 weeks. The case has been scheduled for a hearing again at 10.30 am on Friday.
On October 9, the Supreme Court granted permission for the medical termination of pregnancy to a woman, a mother of two, who was struggling with depression and found herself incapable of providing emotional, financial, and mental support for a third child.
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In another verdict on Wednesday, a two-judge bench addressed the Centre’s request to reconsider the October 9 order. Justice Hima Kohli expressed reluctance to permit the abortion and questioned which court would order to “stop the heartbeat of a foetus.” In contrast, Justice B V Nagarathna affirmed the importance of “respecting the woman’s decision” to terminate the pregnancy.
As per the law, abortion is permissible up to 24 weeks on the recommendation of two doctors, especially for survivors of sexual assault or incest, minors, women with physical or mental disabilities, or a change in marital status, among other criteria. Beyond this period, abortion may be considered based on the guidance of a medical board.
(With inputs from PTI)