New Delhi: The Supreme Court on Thursday asked the petitioner to take a call and posted the matter for hearing tomorrow relating to the termination of a 26-week pregnancy.
Chief Justice of India DY Chandrachud, who was heading the three-judge bench, also pointed out the right of unborn child. The woman's autonomy is important but one must be conscious of the fact that whatever is done will affect the right of the unborn child, CJI said as it noted that unborn child is a living viable foetus, which have chances of survival.
A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra asked the petitioner's lawyer to talk with the woman.
The counsel of the petitioner told the court that the woman will not be able to take care of herself as her two other children are being taken care of by her mother-in-law.
The court noted that there are two options -- one is to stop the foetal heart or the second option is delivering the child right now with deformities.
The top court noted that the option to stop the foetal heart means the SC will ask AIIMS to carry out the foeticide. The top court remarked that AIIMS opines that the chance of the baby being born normal is much higher if they wait for a few more weeks. The court also remarked that if the child is born deformed, none will adopt the child.
The court said that if they deliver the baby today, at the gestational period of 26 weeks, the child would be physically and mentally abnormal. The court also clarified that it will not shy away from taking a call.
The court also asked Additional Solicitor General Aishwarya Bhati to talk with the woman. Centre has moved an application seeking recalling of top court earlier order allowing the woman to undergo the procedure of termination of her over 26-week pregnancy ASG Aishwarya Bhati for Centre, said that the baby has a viable and reasonable chance of survival. ASG Bhati also apprised SC about the chance of post partum psychosis- which is the main reason by petitioners. ASG Bhati also apprised the top court about the opinion of the medical board over pregnancy.
ASG stated that reproductive rights are not an absolute right and the rule has prevented an unmarried woman from seeking termination after 24 weeks and it can be breached in two conditions--life of the mother or foetal abnormalities.
ASG said "postpartum depression" is a reality for many women and it can happen during gestation too. ASG called it very difficult and chaotic for the country. ASG said that the woman herself is not sure and in a very vulnerable state.
ASG informed the SC that they also tried to counsel her and at one stage she agreed, when she was told the baby can be given for adoption, AIIMS could take care of mental health issues.
The matter was referred to the three-judge bench after a two-judge bench on October 11 gave a split order on a married woman's plea seeking termination of 26-week-old pregnancy.
The Supreme Court on Wednesday gave a split order on a married woman plea seeking termination of 26-week old pregnancy as one of the judges ruled against the termination while the another judge expressed disagreement and said that the woman's decision must be respected to undergo the procedure of termination of her pregnancy.
A two-judge bench of Justices Hima Kohli and BV Nagarathna gave the split decision while hearing the Centre's plea seeking recalling of its earlier order allowing the woman to undergo the procedure of termination of her pregnancy.
Justice Hima Kohli said that her judicial conscience does not allow to permit termination. Expressing disagreement, Justice BV Nagarathna said that the woman's decision to undergo termination of her pregnancy must be respected.
The woman has submitted an affidavit stating she does not wish to carry out her pregnancy due to her mental condition and ailments. On October 9, a bench of justices Hima Kohli and BV Nagarathna directed the woman to visit the Obstetrics and Gynaecology Department, AIIMS, New Delhi on 10th October, 2023.
The court had also directed the AIIMS to admit the petitioner for her to undergo the procedure of termination of her pregnancy at the earliest with follow-up as may be advised by the treating doctors.
Yesterday, Additional Solicitor General Aishwarya Bhati apprised the court about the fact related to the termination of pregnancy to a bench headed by Chief Justice of India DY Chandrachud.
She told the court that the medical board has opined that the baby had a viable chance of being born, which may cause foeticide. The court on Tuesday had also noted that AIIMS doctors are in a serious dilemma and directed AIIMS to defer the medical termination of the pregnancy. (ANI)
