Supreme Court Grapples with Balancing Unborn Child Rights and Mother’s Autonomy

In a significant legal case, a woman’s plea to terminate her pregnancy at 26 weeks has ignited a complex debate within the Supreme Court of India. Chief Justice DY Chandrachud, leading a three-judge bench, raised crucial questions about the rights of the unborn child and a mother’s autonomy over her body. The case has gained attention due to the absence of representation for the Unborn child, and the Chief Justice emphasized the need to balance these rights.

The Chief Justice acknowledged the paramount importance of a mother’s autonomy but underlined the absence of representation for the child. He noted that the fetus in question is a living, viable one that could potentially survive outside the womb if given birth.

The case had previously received a split verdict from a two-judge bench, prompting the three-judge panel led by the Chief Justice to take up the matter. The petitioner, a mother of two, cited her emotional and financial struggles as reasons for seeking an abortion.

Previously, the Supreme Court had granted permission for the pregnancy to continue, but the center later sought a recall of this order based on advice from a panel of doctors at AIIMS Delhi. The medical panel advised against termination, pointing out signs of life in the fetus.

During the hearing, the court suggested the possibility of allowing the child to be born, with the government providing care. However, the woman’s counsel argued that she was unable to raise the child. The court expressed concerns about a hasty delivery leading to deformities in the fetus.

The complex case has raised fundamental questions about the rights of the Unborn child and the autonomy of the mother, with the Supreme Court navigating the delicate balance between the two, keeping in mind the unique circumstances of this specific case.

Re-reported from the article originally published in The NDTV News English