The Supreme Court on Thursday said that a child cannot be killed, and its right has to be balanced with that of the mother, while hearing a case on the termination of a 26-week-old foetus. "Do you want us to tell doctors at AIIMS to stop heart of foetus," the Supreme Court asked the petitioner's counsel, stating that the foetus in question is living and viable. The three-judge Bench headed by Chief Justice DY Chandrachud asked if the petitioner can wait for a few more weeks, when she has already waited for 26 weeks. The bench also comprises Justices JB Pardiwala and Manoj Misra. The bench has posted the matter for resumed hearing at 10.30 am on Friday. On October 9, the apex court had allowed the woman, a mother of two, to proceed with medical termination of pregnancy after taking note that she was suffering from depression and was not in a position to raise a third child, emotionally, financially and mentally. On Wednesday, a two-judge Bench had pronounced a split verdict on the Centre's plea for recall of its October 9 order, with one judge voicing her disinclination to allow abortion and the other asserting that the woman's decision "must be respected". While Justice Hima Kohli wondered which court will say "stop the heartbeat of a foetus" and made it clear she was not inclined to permit the 27-year-old woman to terminate her pregnancy, Justice B V Nagarathna said the court should respect the decision of the woman who has remained determined to abort it. Abortion up to 24 weeks is allowed on the opinion of two doctors to women who are survivors of sexual assault or incest, minors, women with physical or mental disabilities or change in marital status among others. Abortion beyond this period may also be allowed based on the advice of a medical board. With inputs from PTI
