We Cannot Kill a Child: Supreme Court Asserts in 26-Week Pregnancy Termination Case

NEW DELHI: The Supreme Court expressed its stance on Thursday, declaring, "We cannot kill a child," during a hearing on the Centre's plea to reconsider its order 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, described as a "living and viable foetus," with the mother's right to make autonomous decisions, a bench led by Chief Justice D Y Chandrachud urged the Centre and the woman's attorney to engage in discussions with her regarding the possibility of maintaining the pregnancy for a few more weeks.

The bench posed a question to the counsel representing the 27-year-old woman, "Do you want us to tell the doctors at AIIMS to stop the fetal heart?" When the counsel responded with a "no," the bench inquired if the woman, who had waited for over 24 weeks, could potentially keep the foetus for a few more weeks to allow for the chance of a healthy child being born.

The case will resume for further hearing at 10.30 AM on Friday.

The issue was brought before the CJI-led bench after a two-judge bench delivered a split verdict on the Centre's request to reconsider its October 9 ruling, which granted the woman permission to terminate her 26-week pregnancy.

The Supreme Court had initially permitted the woman to proceed with medical termination of pregnancy on October 9, considering her depression and inability to emotionally, financially, and mentally support a third child.

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