Supreme Court Divided on Abortion Decision: Respect Woman’s Choice or Preserve Fetal Life?
In a highly debated case, the Supreme Court found itself sharply divided on Wednesday over a woman’s plea to terminate her 26-week pregnancy. A two-judge bench, consisting of Justice Hima Kohli and Justice B V Nagarathna, had differing opinions on the matter, leading to a deadlock.
Justice Hima Kohli expressed her reluctance to permit the abortion, questioning, “Which court will say ‘stop the heartbeat of a foetus?'” She stressed her disinclination to allow the 27-year-old woman to terminate her pregnancy, emphasizing the sanctity of fetal life.
Contrarily, Justice B V Nagarathna advocated for respecting the woman’s decision. She underscored that the woman, already a mother of two, had made a determined choice based on her mental health, family situation, and existing medication. Justice Nagarathna argued that the woman’s autonomy and her ability to exercise her reproductive rights should be respected, given her concrete determination.
The woman’s plea, initially approved by the court’s order on October 9, was challenged by the Centre. The medical board’s opinions, especially an email indicating the potential survival of the fetus, raised questions within the bench. The judges took issue with the ambiguity of prior medical reports and questioned the abrupt nature of the email, which surfaced after the court’s initial decision.
The disagreement between Justice Kohli and Justice Nagarathna led the bench to refer the matter to Chief Justice D Y Chandrachud for assignment to an appropriate bench for resolution.
This case raises complex ethical and legal questions surrounding reproductive rights, maternal health, and the viability of a fetus. It highlights the challenges courts face when balancing a woman’s autonomy against the preservation of fetal life under the provisions of the Medical Termination of Pregnancy (MTP) Act. The outcome of this case is awaited with significant interest, given its potential implications on similar cases in the future.
