How to write the death of a child in the judgment? Supreme Court's comment on 26 weeks pregnancy termination case

Hearing the petition for abortion at 26 weeks, the CJI said that the child in the womb also has rights. According to the petitioner, the only option is to kill the child in the womb, but as far as the justice system is concerned, how can the death penalty be given to the child? Or the other option is to keep the child with the deformity.

A 27 year old woman has filed a petition in the Supreme Court demanding termination of pregnancy at 26 weeks. On Thursday, the case was heard in the bench headed by CJI DY Chandrachud and one day's time was given. The Supreme Court said that a child who has been in the womb for 26 weeks can miss his birthday. In case of termination of pregnancy, the baby's heart will have to stop (kill). The court says that even though the child is in the womb, that child also has rights. How can a child in the womb be given death sentence?

CJI said that the pregnant woman says that she does not want a child. If such a state can take the child or give it for adoption to someone, then why can't it keep the child in the womb for a few more weeks and then deliver it through C section (operation).

He said that this is because the child is a viable child. AIIMS faced a serious ethical dilemma. If the baby's heart is not stopped in the fetus, he will be born alive.

rights of the unborn child

The CJI said that this is not a case of violence or sexual violence against a minor. She is a married woman and has two children. How did you wait till 26 weeks? You want us to direct AIIMS to stop the heartbeat? If delivery takes place now, the baby will have abnormalities. Not because of genetic problems, but because of something else due to premature delivery.

CJI said that we have to balance the rights of the unborn child. He said that it is a matter of victory for the autonomy of the mother, but here no one is appearing on behalf of the child. How can we balance the rights of the child? Let us tell you that the child in the womb is not just a fetus. The baby growing in the womb is a living viable fetus and when the baby is born, it will also be alive in the outside world.

How to give death sentence to a child…

He said that it is true that if the child is delivered now, there will be serious medical problems. In such a situation, why not wait for two more weeks? In such a situation, what is the point of keeping the child now? CJI said as you are saying.

According to him, the only option is to kill the child in the womb, but as far as the justice system is concerned, how can the death penalty be given to the child? Or the other option is to keep the child with the deformity. Will take a decision in this regard and the matter was adjourned till tomorrow.