The Apex court on Monday ruled against abortion of a woman who had sought to terminate her 26 weeks pregnancy citing financial and mental constraints. The SC ruled that there was no danger to the life of woman and cannot allow the MTP (Medical Termination of Pregnancy).
The Supreme Court had found itself torn, trying to balance the rights of an unborn child of a 26- week pregnancy with the choice of the mother.
At the core was the question whether the court should permit a married woman’s plea to abort a 26-week pregnancy after a doctor indicated that the foetus could be born with a heartbeat.
The court must balance the rights of the unborn child with the choice of the mother, said Chief Justice of India (CJI) DY Chandrachud, who headed a three-judge Bench that also included Justices JB Pardiwala and Manoj Misra. The CJI also questioned if the only course available was to put the unborn child “to death under a judicial order”, given the advanced stage of pregnancy.
