A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud on Thursday urged a married woman to reconsider her decision to do away with her third pregnancy, which has now crossed 26 weeks.
Chief Justice Chandrachud said that as much as the court respected the woman’s right to reproductive autonomy, it could not be oblivious to the rights of her unborn child.
The court asked the woman whether she wanted a judicial order directing the doctors at the AIIMS to commit foeticide.
“We must also think of the rights of the unborn child. Woman’s autonomy is important of course. She has a right under Article 21...but equally, we must be conscious of the fact that whatever is done will affect the right of the unborn child,” the Chief Justice observed.
Suffering from depression
While noting that the court was not making light of the woman’s submissions that she cannot take care of a third child and was suffering from depression, Chief Justice Chandrachud asked what she had been doing for 26 weeks.
“She is a married woman. What was she doing for 26 weeks? She has two children, she knows the consequences also. What do you want us to tell the doctors to do? To close the foetal heart?” the Chief Justice asked.
The woman’s counsel said she did not want to medically terminate the pregnancy, but wanted a C-section. Her second child was only a year old and she did not want to carry her third pregnancy to its full term.
But the court said there was a grave probability that an immediate interference in the pregnancy may put the child in danger.
Additional Solicitor General Aishwarya Bhati said the woman was in a vulnerable state.
“She herself is not sure. She is at a very vulnerable state. We also tried to counsel her. At one stage she agreed...we told her the baby can be given in adoption, the AIIMS can take care of mental health issues,” Ms. Bhati submitted.
The court adjourned the case for further hearing on October 13.
