The Supreme Court on Thursday observed that a child cannot be killed, and its right has to be balanced with that of the mother, while hearing a case on the termination of a 26-week-old foetus.
“Do you want us to tell doctors at AIIMS to stop heart of foetus,” the Supreme Court asked the petitioner’s counsel, stating that the foetus in question is living and viable.
A bench headed by Chief Justice DY Chandrachud asked the Centre and her lawyer to talk to the woman about the possibility of retaining the pregnancy for a few weeks more.
When the counsel representing the woman responded with a “no”, the top court said when the woman has waited for over 24 weeks, can’t she retain the foetus for some more weeks so there is the possibility of a healthy child being born.
The apex court has posted the matter for resumed hearing at 10.30 AM on Friday.
The matter came up before the CJI-led bench after a two-judge bench on Wednesday gave a split verdict on the Centre’s plea for recall of its October 9 order granting permission to the woman to terminate her 26-week pregnancy. The top court had on October 9 allowed the woman, a mother of two, to proceed with medical termination of 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.