SC refuses to allow removal of foetus of 26-week-pregnant woman

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New Delhi, October 16: The Supreme Court has refused permission to remove the foetus of a 26-week-old pregnant woman.

The bench headed by Chief Justice DY Chandrachud took this decision when the AIIMS report revealed that the child was normal in the womb. The medicines the woman suffering from depression is taking have not caused any harm to the child.

On October 13, the court ordered a fresh health checkup for the woman. The court had said that it would be seen whether she was fit to continue the pregnancy or not. Despite the medicines she has been taking, the foetus is healthy in the womb.

During the hearing, ASG Aishwarya Bhati, appearing for the central government, said, “We have not been able to convince the petitioner. Now the court itself has to decide.” Bhati said that pro-life countries have completely abolished abortion because they have elevated the status of the unborn child to equal to that of citizens.

“In contrast, we are an alternative country, and hence women’s autonomy is important.” He said that no single country in the world takes further steps to terminate pregnancies beyond 24 weeks.

It is noteworthy that on October 12, the Supreme Court asked the woman to express her opinion. The Chief Justice said that it is necessary to maintain a balance between respecting the wishes of the woman and the rights of the unborn child.

During the hearing, the lawyer appearing on behalf of the woman said that the mental and financial condition of the woman is not such that she can give birth to a third child. The woman’s two children are taken care of by her mother-in-law.

The court had asked ASG Aishwarya Bhati, appearing for the central government, to talk to the woman.

On October 11, a bench of two judges made separate decisions. The special bench of Justice Hima Kohli and Justice BV Nagarathna could not reach a consensus on the matter, after which the matter was sent to the Chief Justice for referral to a larger bench.

After that, a three-member bench headed by the Chief Justice held the hearing on October 12.