A 27-year-old married woman who requested an abortion of her 26-week-old pregnancy was advised by a Supreme Court bench led by Chief Justice of India DY Chandrachud to rethink her choice, stating that “even an unborn child had rights.” The three-judge bench’s chief justice, DY Chandrachud, gave ASG Aishwarya Bhati the task of convincing the mother to safeguard the health of her unborn child. The bench firmly emphasized that it would not ask that the foetal heartbeat be stopped, emphasizing that “we cannot kill the child.”
This comes after a Supreme Court bench made up of Justices Hima Kohli and BV Nagarathna issued a divided decision on Wednesday. The two-judge panel originally agreed with the woman’s appeal. The next day, however, the Union of India submitted a request to overturn the decision, citing a doctor from the All India Institute of Medical Sciences’ email that claimed the fetus was healthy and had a high chance of surviving. In light of the email, Justice Kohli referred back to the previous decision and declared that “judicial conscience does not permit the petitioner to terminate the pregnancy.” Justice Kolhi, who is a member of the medical board that first supported medicinal marijuana, did not, however, endorse the actions of the doctor who wrote the email.
The Supreme Court judge stated that whether or not the fetus is viable is “irrelevant” because the petitioner does not wish to carry the pregnancy out.
“The expecting mother has no desire in carrying the child to term. In such a situation, it makes little difference if the baby will be healthy or if the pregnancy is viable. The question that has to be addressed is whether the expectant mother wishes to give birth to a child, according to Justice Nagarathna.
A fetus “has no individual personality from the mother,” according to Justice Nagarathna, because it is dependent on the mother for “its very existence.”
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