‘We can’t kill a child’: Supreme Court on ending 26-week pregnancy

“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. While making it clear that the top court has to balance the rights of the unborn child, a “living and viable foetus”, with its mother’s right of decisional autonomy, a bench headed by Chief Justice DY Chandrachud asked the Centre and her lawyer to talk to the woman about the possibility of retaining the pregnancy for a few weeks more. “Do you want us to tell the doctors at AIIMS to stop the fetal heart?” the bench, also comprising Justices JB 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 there is the possibility of a healthy child being born. The bench has posted the matter for resumed hearing at 10.30 AM on Friday. 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. 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”.