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Supreme Court: “No to Ending Child’s Life” – 26-Week Pregnancy Termination Case

The termination of pregnancy is legally allowed up to 24 weeks under the Medical Termination of Pregnancy (MTP) Act.

By: Team Pardaphash  Pardaphash Group
Updated:
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Supreme Court: “No to Ending Child’s Life” – 26-Week Pregnancy Termination Case

Supreme Court: During a recent Supreme Court hearing, the judges emphasized that they could not support ending the life of a child. The court was hearing a plea by the Centre to recall its previous order, which had granted permission for a married woman, who already has two children, to terminate her 26-week pregnancy.

The judges highlighted the need to strike a balance between the rights of the unborn child, who is considered a “living and viable foetus,” and the mother’s right to make decisions about her pregnancy. The court suggested that the Centre and the woman’s legal counsel engage in a conversation about the possibility of maintaining the pregnancy for a few more weeks.

The bench also inquired whether the doctors at AIIMS should be instructed to stop the fetal heart. The woman’s counsel replied in the negative. The bench questioned why, after waiting for over 24 weeks, the woman couldn’t retain the foetus for a few more weeks, potentially allowing for the birth of a healthy child.

The matter has schedule for a continued hearing at 10:30 AM on the today. The case had reached the CJI-led bench after a two-judge bench had issued a split verdict regarding the Centre’s plea to recall its earlier order, which had allowed the woman to terminate her 26-week pregnancy. The decision to permit the termination had been based on the woman’s reported depression and her inability to support a third child emotionally, financially, and mentally.

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