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SC divided on allowing woman to terminate her 26-week pregnancy

The top court had on Monday permitted a 27-year-old married woman— a mother of two —  to terminate her pregnancy in the third trimester at the All India Institute of Medical Sciences.

Jaison Wilson

NEW DELHI:  The Supreme Court on Wednesday delivered a ‘split verdict’ over a decision to terminate the 26-week pregnancy of a married woman and the Centre’s plea to recall the abortion of the “unborn”.  
Following the differences of opinion, Justices Hima Kohli and BV Nagarathna referred the case further to Chief Justice DY Chandrachud for constitution of a three-judge bench.

The top court had on Monday permitted a 27-year-old married woman— a mother of two —  to terminate her pregnancy in the third trimester at the All India Institute of Medical Sciences. After additional solicitor general Aishwarya Bhati, appearing for the Centre, argued that the permission contradicted the medical report of the woman, the court later directed AIIMS doctors to defer it. 

As the woman is “neither physically, mentally or financially prepared to continue” with the unwanted pregnancy, Justice Nagarathna said that her choice should be respected Differing to Justice Nagarathna’s opinion, Justice Kohli opposed the termination of pregnancy, and asked which court will say “stop the heartbeat of a foetus.” 

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