A two-judge bench of the Supreme Court on Wednesday pronounced a split verdict on the Centre's plea for recall of its October 9 order granting permission to a married woman, a mother of two, to terminate her 26-week pregnancy, with one judge voicing her disinclination to allow abortion and the other asserting that the woman's decision "must be respected".
The matter has now been referred to Chief Justice DY Chandrachud to be assigned to a larger bench.On Monday, the woman told this bench that she suffers from health issues, including postnatal depression, and is unable to raise a third child. The court accepted her abortion request.On Tuesday the government filed the AIIMS report and asked the court to recall its order.The timing of the report had irked the two-member bench.
Why only after our order? Why were they not candid earlier? Which court wants to stop a foetus with a heartbeat? Certainly not us, for heaven's sake," an anguished Justice Hima Kohli demanded."There is a way to overturn a court order (but) not like this. Why after order was passed? It is not like we did not hear you," Justice Kohli and Justice BV Nagarathna said, "She is under more stress now. The court also criticised the government for failing to mention this point in Monday's hearing."When one bench of this court decides a matter... without any pleading how can you move an intra-court appeal before a three judge bench...," Justice Nagarathna said.Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancies is 24 weeks for married and vulnerable women, such as rape survivors, differently-abled and minors.