ASG Aishwarya Bhati said, “Leave aside the determination of law. This case can be decided separately. It is still sensitive. India has a pro-choice law. The whole world is pro choice and pro life. Pro life Countries ban abortion completely. Pro life countries strongly protect women’s autonomy and then some countries are on the fence. In 1971 the law came with 12 weeks. Then 20 weeks and then after 2020 it is 24 weeks. Till gone.”
CJI DY Chandrachud said, “Parliament has made a law. It reflects the balance between pro choice and pro life. When Parliament gave the cut off, it was aware of all the things. The cut off of 24 weeks reflects this aspect. It was meant to balance. And our aspect is primarily pro choice, because it gives unfettered discretion. Advocate Vishnu Shankar Jain files an intervention petition against U Stalin, A Raja in the case of giving hate speech against Sanatan Dharma Demanded to register FIR.
Apart from this, a demand has been made in the application to direct contempt action against DCP South for not taking any action on the complaint given regarding hate speech.
Along with this, there has also been a demand to order Stalin to remain a minister in the Tamil Nadu cabinet and to stop Raja from remaining an MP.
In fact, while seeking intervention in the petitions filed regarding hate speech, it has been said that Stalin and Raja have expressed hatred against Sanatan Dharma by giving statements like eliminating dengue, malaria and leprosy.
– This falls in the category of hate speech, for this action should be taken against them.
ASG Aishwarya Bhati said that the question here is whether someone’s choice can be allowed to end one’s life? Section 3 of the law deals with termination of pregnancy up to 20 weeks by a registered medical practitioner. When it is more than 20 and not more than 24 weeks. At least two medical practitioners must be of the opinion that pregnancy will be the cause.
On this CJI Chandrachud said…
– What happened in Ireland…? The Indian-origin woman had to undergo an abortion and Irish law did not allow it. Ultimately he died.
– In our law, if the pregnancy threatens the life of the mother, it can be terminated even at the eleventh hour. Our law allows this and no deduction applies. Abortion is also allowed in case of fetal abnormality.
– So if you have to save a woman’s life, you can finish it. Our law keeps woman’s life paramount.
– As happened in Ireland, a woman of Indian origin died because she could not get an abortion and then the Irish law was amended.
– In case of fetal abnormalities more than 24 weeks, a board is made. If the woman’s life is in danger then you do not need a medical board. Obviously because this will be done in an emergency.
– A child born with a fetal abnormality – This will also affect the quality of life of the parents. And second, it will affect the quality of life of the child.
– This case does not even involve the fetus being abnormal.
– In case of sexual harassment victim, our law says 24 weeks. Let’s say there is a victim, a young minor, she may not even know that she is pregnant. She may realize this and keep it a secret from the family. And then when it comes to court, the court may take a different approach.
Additional Solicitor General Aishwarya Bhati argued that the opinion of the medical board should be given priority. The medical board clearly states that MTP should not occur as there is a viable and reasonable chance of the child’s survival.
On this the CJI said- So the Medical Board initially said no and then we gave that order. And the doctor had an ethical dilemma and wrote the mail
The government has responsibility in this matter. Register our undertaking. When will the government take steps for the child? She was undergoing treatment for postpartum psychosis since October 2022. That’s why she was undergoing treatment during this pregnancy. Should we seek a report from AIIMS on whether the treatment she has taken has caused any abnormality in the fetus?
ASG said that ultrasound sonography shows that the fetus is normal, there is no abnormality in it.
After this the CJI raised questions on the woman’s doctor’s prescription and said that there is doubt in it. It was not even written about the disease and what the medicine was for. Should the Supreme Court trust them? We will ask AIIMS to investigate the woman’s depression. They will also check whether there is any abnormality in the fetus.
