‘We Can’t Kill a Child’, Says SC on Termination of 26 Week Pregnancy

The Supreme Court on Thursday expressed, “We cannot kill a child,” during a hearing on the Centre’s request to reconsider its decision allowing a married woman, a mother of two, to terminate her 26-week pregnancy.

While emphasizing the need to balance the rights of the unborn child, identified as a “living and viable fetus,” with the mother’s right to make autonomous decisions, a bench of CJI D Y Chandrachud, along with Justices JB Pardiwala and Manoj Misra asked the Centre and the woman’s attorney to explore the possibility of prolonging the pregnancy for a few more weeks.

The bench asked, “Do you want us to tell the doctors at AIIMS to stop the fetal heart?” The counsel representing the 27-year-old woman responded with a “no.” In response, the bench questioned whether the woman, having waited for over 24 weeks, could retain the fetus for a little longer, potentially resulting in the birth of a healthy child.

The bench has scheduled the case for further consideration at 10:30 AM on Friday.

This matter was brought before the bench led by the Chief Justice after a two-judge bench on the previous day issued a split verdict on the Centre’s petition to reverse the October 9 order, which had granted permission for the woman to terminate her 26-week pregnancy.

The Supreme Court’s decision on October 9 had allowed the woman to proceed with a medical termination of her pregnancy, considering her suffering from depression and her inability to emotionally, financially, and mentally care for a third child.