Termination of 26-week pregnancy: Supreme Court speaks for rights of unborn child

The Supreme Court on Thursday gave 24 hours to a woman to reconsider her decision to abort her 26-week-old foetus. A three-judge bench headed by Chief Justice of India DY Chandrachud indicated that it was not in favour of terminating the pregnancy and that the rights of an unborn child must be balanced with a woman’s reproductive right.

The bench will take up the case again on Friday. The bench was apprised by adoctor that the foetus could be born with a heartbeat if delivered at present. The matter was taken up by the bench headed by the CJI after a bench of Justices Hima Kohli and BV Nagarathna delivered a split verdict in the case on Wednesday.

Given the advanced stage of the pregnancy, the CJI questioned if the only course available was to put the unborn child ‘to death under a judicial order.’ Speaking for the bench, the CJI said: “The autonomy of the mother triumphs; but here nobody is appearing for the child. How do we balance the rights of the child? Fact of the matter remains, it is not just a foetus, it is a living viable foetus. If given birth to, it can survive outside. If delivered now, it will have serious medical issues, so why not wait for two more weeks,” the CJI asked. He verbally remark that the pregnant woman did not have to keep the child. “To put the child to death is the only option, and how can the child be put to death under a judicial order?" the CJI remarked.


The pregnant woman had told a two-judge bench that due to her depression, her mother-in-law was looking after her children aged four and one and she would not be able to take care of a third child.