NEW DELHI: The Supreme Court hearing an abortion plea is facing a moral dilemma between the rights of a 26-week foetus versus the rights of the mother. “We cannot kill the child,” the SC remarked while facing a conundrum over a married woman’s plea to abort her 26-week pregnancy.
The challenge is to balance the rights of the unborn child with the choice of the mother. A three-judge bench led by Chief Justice D Y Chandrachud was hearing the plea following a split opinion by a two-judge bench on terminating the 26-week foetus after the Centre sought a recall of an earlier order allowing abortion of the “unborn”.
The bench asked the petitioner’s counsel whether she wanted the court to tell the doctors at AIIMS to stop the “foetal heart” of a “living, viable foetus” under a judicial order. Stressing that the mother’s autonomy triumphs, the CJI said there is none “appearing” for the child. “How do we balance the rights of the child?... it is not just a foetus, it is a living viable foetus. ” the CJI said. The matter will continue to be heard on Friday.