Autonomy of women trumps, but need to balance rights of unborn child: CJI

TheCJInoted thatan unborn childisaliving viable foetus, which has chances of survival

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T he Supreme Court on Thursday asked the 26-weeks pregnant woman who has approached the court to be allowed to terminate her pregnancy, to take a call on undergoing the procedure, while flagging the rights of the unborn child and stating that it will not shy away from taking a call itself.

The woman’s autonomy is important but one must be conscious of the fact that whatever is done will affect the right of the unborn child, Chief Justice Chandrachud, heading a three-judge Bench also comprising Justice J.B. Pardiwala and Justice Manoj Sinha, said.

The CJI noted that an unborn child is a living viable foetus, which has chances of survival.

The Bench said that it will not shy away from taking a call on the issue and asked the petitioner woman’s lawyer to speak to her.

The Bench said that there are two options - one being to stop the foetal heart, and the second being to deliver the child right now with deformities.