Supreme Court’s split verdict on plea seeking termination of 26-week pregnancy

NEW DELHI,OCTO 11 : The Supreme Court on Wednesday gave a split verdict on an application by the government against its previous order allowing a married woman to terminate her 26-week pregnancy.

On Monday (October 9), the court allowed the woman to proceed with the medical termination of her 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.

A bench of Justices Hima Kohli and BV Nagarathna, which had passed the October 9 order, said the Centre’s petition now be placed before Chief Justice DY Chandrachud to be marked to an appropriate bench for adjudication.

While Justice Kohli said she was not inclined to permit the 27-year-old woman to terminate her pregnancy, Justice Nagarathna dismissed the Centre’s application seeking recall of the October 9 order, saying the previous order was well considered.

On Wednesday, the court was informed the doctor attending the woman had objected to terminating her pregnancy. Upon receiving the doctor’s report, the court objected and questioned as to why the medical report came after the court order in the case was delivered.

“If this email had arrived earlier, we would not have been rushed into ordering an abortion. After receiving the email, my judicial conscience does not permit me to order the termination of the pregnancy outright,” Justice Kohli said.

Meanwhile, Justice Nagarathna asserted that the woman’s wish should be respected.

“We should not suppress her choice,” Justice Nagarathna said.

While the petitioner in the case reiterated her demand to terminate her pregnancy, the two judges hearing the case said the matter will now be placed before the Chief Justice of India to constitute a bench. Chief Justice DY Chandrachud will constitute a bench of three judges to hear the case and pass an order accordingly.

-PTI