Split order from SC on termination of 26-weeks-old pregnancy
The Statesman|October 12, 2023
The matter has now been directed to be listed before alarger Bench for addressing the issue
Split order from SC on termination of 26-weeks-old pregnancy

The Supreme Court on Wednesday gave a split order on a married woman's plea seeking termination of 26-week-old pregnancy as one of the judges ruled against the termination, while the other judge said that the woman's decision to undergo the abortion of pregnancy must be respected.

A two-judge Bench of Justice Hima Kohli and Justice B.V. Nagarathna gave the split decision while hearing the Centre's plea seeking the recall of its earlier (9 October) order allowing the woman to undergo the termination of her 26-week-old pregnancy.

While Justice Hima Kohli said that her judicial conscience does not allow to permit termination, Justice Nagarathna said that the woman's decision to undergo termination of her pregnancy must be respected.

Justice BV Nagarathna said that she rejects the Centre's plea seeking the recall of the earlier order allowing the woman to undergo the procedure of termination of her pregnancy. Justice Nagarathna said that she found no reason to interfere with the "well reasoned order” passed by the court initially on 9 October. As the two judges disagreed on the termination of 26-week-old pregnancy, the matter has now been directed to be listed before a larger Bench for addressing the issue.

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