The Supreme Court on Wednesday referred to a larger bench, the recall application filed by the Central government against the Apex Court order allowing medical termination of 26-week pregnancy of a married woman.
The application was heard by the Bench of Justice Hima Kohli and Justice B.V. Nagarathna.
While Justice Kohli refused to permit the termination of pregnancy, Justice Nagarathna said she did not find any no reason to interfere with the ‘well-reasoned order’ passed by the Apex Court on October 9.
The petitioner, who was present in person today, apprised the Court that she did not wish to continue with her pregnancy.
On October 9, the same Bench had permitted the petitioner, who is a mother of two children, to proceed with medical termination of pregnancy on the grounds that she was suffering from post-partum depression and was not in a position to raise a third child, emotionally, financially and mentally.
Recognising the right of a woman over her body, the Apex Court had noted that if an unwarranted pregnancy resulted in a child being brought into the world, a large part of the responsibility of rearing such a child would fall on the shoulder of the petitioner, who at this point, did not consider herself fit for the same.
The Central government filed a recall application over this order on the grounds that doctors at the All India Institute of Medical Sciences (AIIMS) have said that the foetus had a viable chance of being born.
On October 10, the Bench led by Chief Justice of India (CJI) D.Y. Chandrachud directed AIIMS to hold the medical termination for now, noting that the AIIMS doctors were in a very serious dilemma over the matter.
Appearing for the Union government, Additional Solicitor General (ASG) Aishwarya Bhati said in the application that the termination was recommended by the Apex Court despite the medical board saying that the baby had a viable chance of being born. They would have to conduct a foeticide, she added.