'Can't kill a child': Supreme Court on termination of 26-week pregnancy

In a case involving the termination of a 26-week-old foetus, the Supreme Court on Thursday ruled that a child cannot be killed and that the right of the child must be balanced with the right of the mother.

“Do you want us to tell doctors at AIIMS to stop heart of foetus,” the Supreme Court asked the petitioner’s counsel.

“We cannot kill a child.”

The petitioner had already waited for 26 weeks, therefore the three-judge Bench, presided over by Chief Justice DY Chandrachud, questioned whether she could wait a few more. Justices JB Pardiwala and Manoj Misra are also on the bench.

On Friday at 10.30 am, the bench has scheduled the subject for a continuation of the hearing.

The woman, a mother of two, was given permission by the Supreme Court to continue with a medical termination of her pregnancy on October 9 after noting that she was depressed and unable to care for a third child emotionally, financially, or mentally.

On the Centre’s request for the recall of its October 9 order, a two-judge Bench delivered a divided decision on Wednesday, with one judge expressing her opposition to abortion and the other stating that the woman’s choice “must be respected”.

Justice B V Nagarathna said the court should respect the decision of the woman who has remained determined to abort the pregnancy, while Justice Hima Kohli questioned which court will say “stop the heartbeat of a foetus” and made it clear she was not inclined to allow the 27-year-old woman to terminate her pregnancy.

Women who have experienced sexual assault or incest, children, women with physical or mental disabilities, and women who have changed their marital status, among others, may be eligible for an abortion up to 24 weeks after conception with the advice of two doctors. On the recommendation of a medical board, abortions performed after this point may also be permitted.

(With agency inputs)