Supreme Court: No Abortion for 26-Week Pregnancy

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In a case that has captured the nation’s attention, the Supreme Court is deliberating on a plea by a woman who is 26 weeks pregnant and seeking an abortion. Chief Justice of India (CJI) D.Y. Chandrachud, while hearing the plea, posed a thought-provoking question, asking,

“Who is appearing for the unborn child?”

This query underscores the ethical complexities surrounding the case.

The woman’s plea for termination stems from the diagnosis that the fetus has Bilateral Renal Agenesis, a condition characterized by the absence of both kidneys. While the medical concerns are evident, the Supreme Court is treading cautiously, given the advanced stage of the pregnancy and the legal stipulations under the Medical Termination of Pregnancy (MTP) Act.

Justice Chandrachud further remarked,

“The child is also entitled to protection. The child has a right to be born. The child has a right to life.”

These statements highlight the court’s emphasis on the rights of the unborn.

Another significant quote from the bench during the hearing was,

“We can’t kill a child. We are here to protect the child’s life.”

This sentiment resonates with the broader ethical considerations that the court must weigh against the woman’s right to choose and the potential health implications for both the mother and the fetus.

As the apex court continues its deliberations, the case stands as a testament to the intricate balance between individual rights, medical ethics, and the rights of the unborn. The nation awaits a judgment that could potentially set a precedent for future cases of a similar nature.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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