Abortion order
Supreme Court to review abortion order after Centre's concern for unborn
New Delhi/IBNS: Just 24 hours after the Supreme Court ordered a medical termination of pregnancy of a 26-week-old pregnant mother, the Centre cited a serious dilemma that the unborn child can be alive if aborted.
Soon, the Chief Justice of India decided to review the decision and asked the Centre to file a recall application which will be listed on Wednesday.
The Supreme Court bench headed by Chief Justice DY Chandrachud had to strike a balance between the life of an unborn child and the pleas of a mother who stated she would be unable to raise it.
On Tuesday, the Supreme Court allowed the couple to abort their pregnancy after the petitioner argued that the woman, who is a mother of two children, is suffering from various health issues and from postnatal depression.
A medical board formed by AIIMS stated the baby is currently viable (showing signs of life and having a strong possibility of survival) adding that they need a directive from the Supreme Court on whether a feticide( stopping the fetal heart) be performed before the termination of the 26-week-old unwanted pregnancy.
The panel said the procedure is performed in cases when the foetus has an abnormal development, but it is generally not performed on a normal foetus.
The AIIMS panel stressed that if a feticide is not performed then it will not be termed as termination, but a preterm delivery where the baby needs intensive treatment and care. A baby born preterm needs intensive care and there is a high possibility that it can cause physical and mental disability.
Additional Solicitor General (ASG) Aishwarya Bhati told the bench headed by the Chief Justice that the report from AIIMS is not in accordance with the judgment that was given earlier.
Bhati said the foetus would be born alive and would be murder and not abortion of the baby.
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