In Chief Justice’s Chamber, A 40-Minute Discussion For An Unborn Child

An exhaustive discussion took place in the closed chamber for about 40 minutes, with the three judges, SG Mehta and ASG Bhati presenting their views.

An unborn child, due in March, was the subject of an intense 40-minute discussion in the Chief Justice of India (CJI)’s chamber in the Supreme Court on Thursday morning.

The case is of a 20-year-old single student who was seeking an abortion, but was advised against it by an expert board from the All India Institute of Medical Sciences (AIIMS) as the term has crossed 29 weeks. The woman’s family members are also not aware of this, and hence the secrecy around the meeting, which eventually reached a solution that would be in the interest of the unborn child.

Justice PS Narasimha and Justice JB Pardiwala were hearing the case, under the leadership of CJI DY Chandrachud. Mid-hearing, the CJI asked Solicitor General Tushar Mehta and Additional Solicitor General of India, Aishwarya Bhati, to visit his chamber, and the bench got up.

An exhaustive discussion then took place in the closed chamber for about 40 minutes, with the three judges, SG Mehta and ASG Bhati presenting their views. 

According to sources, SG Tushar Mehta told the judges in the chamber that he too once wanted to adopt a child, and that orphan children are everyone’s responsibility. He informed the CJI that a couple has also been found for the unborn child, who can adopt following all the rules, and the process will remain a secret.

Sources said CJI Chandrachud also appeared sensitive on this issue. He himself has adopted two disabled girls. The CJI said he had discussed the matter at home as well, and something needs to be done urgently for the unborn child.

ASG Aishwarya Bhati, who is constantly in touch with the student under the order of the Supreme Court, also said that if needed, she is ready to keep the child with her.

The Supreme Court, using the special authority given under Article 142 of the Constitution for the purpose of complete justice, directed the government and AIIMS were given special responsibility. It entrusted the responsibility of safe delivery, and the health, welfare, and care of the pregnant woman to AIIMS as top priority.

It also ordered that following the advice of Solicitor General Tushar Mehta, after the birth of the child, the couple registered with the Central Adoption Resource Authority (CARA) should be approached for adoption with due process.

The student agreed to give birth to the child only after the intervention of the Supreme Court.

In the last hearing, Chief Justice DY Chandrachud had asked ASG Aishwarya Bhati to talk to the woman, and advise her. AIIMS’ team of experts also advised her that the pregnancy cannot be aborted. There is a high chance that the foetus is alive.

The Supreme Court had instructed to set up a team of AIIMS doctors for the pregnant engineering student, and asked whether abortion can be done safely after 29 weeks.

On January 20, the Supreme Court asked the AIIMS Director to form a team of doctors and submit the report after conducting a medical examination of the woman.