The Supreme Court on Wednesday pronounced a split verdict on the Centre's plea for recall of its October 9 order granting permission to a married woman, a mother of two, to terminate her 26-week pregnancy.
The Supreme Court on Wednesday pronounced a split verdict on the Centre's plea for recall of its October 9 order granting permission to a married woman, a mother of two, to terminate her 26-week pregnancy. While Justice Hima Kohli said that her judicial conscience does not allow her to permit termination, expressing disagreement, Justice BV Nagarathna said the woman's decision must be respected.
The two-judge bench pulled up the All India Institute of Medical Sciences (AIIMS) authorities for seeking clarification of its October 9 order allowing the woman to terminate her pregnancy, by citing some fresh concerns. While the bench allowed the abortion on October 9, AIIMS authorities wrote to Additional Solicitor General Aishwarya Bhati 바카라 who represented the government in the matter 바카라 saying the foetus appeared to be 바카라viable바카라 and had a 바카라strong possibility of survival바카라.
The matter was again referred to the court today. Justice Kohli, referring to the communication by the AIIMS authorities, said, "What바카라s being said now바카라is entirely much wider. This is not what was being said (earlier). If they wanted, they could have done all of that then and the court would have taken notice of it because we are relying on the report바카라we ourselves asked for it바카라How is it that they decided to go this way only after the order was passed and not early?.바카라
The government's legal representative argued that the decision to terminate the pregnancy had been made despite the medical board's opinion that the fetus had a viable chance of survival and that 바카라they would have to conduct a foeticide바카라. The doctors said that given this, 바카라we will need a directive from the Supreme Court on whether a foeticide (stopping the fetal heart) can be done before termination바카라.
After taking into consideration the 'new' report, Justice Kohli said, "Which court will say stop the heartbeat of a foetus which has life? We are wondering which court would do that. Speaking for myself, I would not."
The bench of Justices Hima Kohli and B V Nagarathna, which had passed the October 9 order, said the Centre's petition be now placed before Chief Justice D Y Chandrachud for being marked to an appropriate bench for adjudication.