abortion plea
New Delhi, May 1 -- The Supreme Court on Thursday declined to entertain a curative plea filed by the All India Institute of Medical Sciences (AIIMS) seeking reconsideration of its April 24 order permitting termination of the over 28-week pregnancy of a 15-year-old Delhi girl, making it clear that neither the Centre nor medical institutions could assume the role of decision-makers in such cases.
Underlining that reproductive choice ultimately rests with the individual and not the State, a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi said that this should not become a "fight between the State and its citizens," cautioning against framing the issue as a contest between "an unborn child and a child". "What is your parens patriae (in the best interest of people) approach? You have approached the court. Your approach is that 'we will decide for the citizens instead of citizens choosing based on their informed decisions'... Let us not choose for people who are capable for choosing," the bench told additional solicitor general Aishwarya Bhati, appearing for AIIMS.
The court's intervention came a day after a bench of justices BV Nagarathna and Ujjal Bhuyan dismissed a review petition filed by AIIMS, expressing disapproval at the institute's attempt to challenge, rather than implement, the court's directions.
Following the court's refusal to entertain the curative plea, Bhati informed the bench that AIIMS would proceed with the termination during the day.
The bench, however, repeatedly foregrounded the minor's autonomy and the trauma of being forced into motherhood....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.