SC bench to hear plea seeking recall of its order allowing married woman to terminate pregnancy

A three-judge bench headed by Chief Justice DY Chandrachud will hear at 2 pm on Thursday the case relating to the medical termination of a 26-week pregnancy of a married woman.

The bench also comprises Justices JB Pardiwala and Manoj Misra.

The apex court, which had on October 9 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, was hearing an application seeking recall of its order.

A two-judge bench on Wednesday had pronounced a split verdict on the Centre’s plea for recall of its October 9 order granting permission to the woman to terminate her pregnancy, 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.

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