"We cannot kill a child," the Supreme Court observed on Thursday while hearing the Centre's plea seeking recall of its order allowing a married woman, a mother of two, to terminate her 26-week pregnancy.
The top court noted that while it has to balance between the rights of the unborn child, a "living and viable foetus" and its mother's right of decisional autonomy, a bench headed by Chief Justice D Y Chandrachud urged the Centre and the mother's lawyer to talk to the woman about the possibility of retaining the pregnancy for a few more weeks.
"We must also think of the right of the unborn child. Woman's autonomy is important of course. She has a right under Article 21...but equally, we must be conscious of the fact that whatever is done will affect the right of the unborn child," CJI said. The matter came up before the CJI-led bench after a two-judge bench on Wednesday gave a split verdict on the Centre's plea for recall of its October 9 order granting permission to the woman to terminate her 26-week pregnancy.
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"Do you want us to tell the doctors at AIIMS to stop the fetal heart?" the bench, also comprising Justices J B Pardiwala and Manoj Misra, asked the counsel appearing for the 27-year-old woman. When the counsel responded with a "no", the bench said when the woman has waited for over 24 weeks, can't she retain the foetus for some more weeks so that there is the possibility of a healthy child being born.
The apex court had on October 9 allowed the woman to proceed with medical termination of pregnancy after taking note that she was suffering from depression and was not in a position to raise a third child "emotionally, financially and mentally". The woman had told the Bench that she was taking medication for her mental condition. Today, the court was informed that the woman also attempted to die by suicide.
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The bench has posted the matter for resumed hearing at 10.30 AM on Friday.
The amendments to the Medical Termination of Pregnancy Act of 1971, permitted abortion with the assent of one medical practitioner within 12 weeks and with the opinion of two medical practitioners within 20 weeks. For 'exceptional cases', abortion was allowed up to 24 weeks for certain classes of women, defined under the MTP Rules.
