"Putting Child To Death Through Court?" Chief Justice In Abortion Case

In strong observations while hearing a woman's request to terminate a 26-week pregnancy, Chief Justice of India DY Chandrachud asked if the petitioner wanted permission to kill the child through a court order.

The Supreme Court has asked the woman's counsel and the centre's lawyer to speak to her before the next hearing tomorrow.

The three-judge bench led by the Chief Justice of India is hearing the married woman's petition for permission to abort the 26-week pregnancy. A mother of two, the woman has said she is suffering from depression and is not in a position to raise a third child, emotionally or financially.

On October 9, the court had allowed her to proceed with the pregnancy. The centre then sought a recall of the order, citing the advice of a panel of doctors at AIIMS Delhi against the abortion. Yesterday, a two-judge bench of Justice Hima Kohli and Justice BV Nagarathna gave a split verdict in the matter. Following this, the Chief Justice of India-led bench took up the matter today.

Questioning why the woman did not seek permission for abortion earlier, the Chief Justice asked, "What was she doing for 26 weeks? She already has two children? Why come now?"

"Do we issue an order for the child's death through a judicial ruling?" he added.

Appearing for the centre, Additional Solicitor General Aishwarya Bhati cited the doctors' report that says the situation is very delicate and sensitive. "The child is ready to be born. It won't be right to abort because the foetus shows signs of life. The order to abort must be recalled," she said.

The Centre's lawyer said the petitioner's counsel has cited a court ruling in a rape survivor's plea for permission to abort. "She (petitioner) is no rape survivor. She is not a minor. What was she doing for 26 weeks?"

The Chief Justice of India stressed that the baby was not represented in the matter. "We have to look into the rights of the unborn child," he said.

The Supreme Court said one option was to let the child be born, and the government can then look after it. It asked the woman if she could wait for a few more weeks and then go for a normal delivery. The court underlined that a hasty delivery at this point may lead to deformities in the foetus. "If the child is born with deformities now, no one will want to adopt," the Chief Justice said.