The life of a fetus is not greater than that of the mother, the Telangana High Court recently permitted a minor to terminate her 26-week old pregnancy.
"Right to make a choice regarding the termination of pregnancy is a facet of right to life under Article 21 of the Constitution subject to reasonable restrictions under the law," said single-judge Justice B Vijaysen Reddy.
Justice B Vijaysen Reddy observed,
"The dignity self-respect, healthy living (mental or physical), etc. are facets of the right to life and personal liberty enshrined under Article 21 of the Constitution of India, which also include the right of a woman to make a choice of pregnancy and terminate the pregnancy, in case, where pregnancy is caused by rape or sexual abuse or for that matter unplanned pregnancy, subject to reasonable restrictions under the law."
The Court also noted that if the petitioner is not permitted to terminate her pregnancy, there is every possibility of her undergoing severe physical and mental stress, which may have an adverse effect on her future health and prospects.
"The life of the fetus or to be born child cannot be placed at a higher pedestal than that of the life of the petitioner," the Court said as it went on to observe that if the petitioner is compelled to continue with pregnancy caused by rape, it would infringe her right to life guaranteed under Article 21 of the Constitution of India.
The Court was hearing a petition filed by a 16-year-old minor victim through her parents seeking permission for medical termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act 1971 (MTP Act) as amended in 2021.
The medical diagnosis concluded that the victim was subjected to rape and was 26-27 weeks pregnant. The Court initially directed the medical board to conduct a medical examination on the victim. The Court was apprised by the Medical Board that the petitioner is fit for termination of pregnancy but there may arise some medical complications.
Advocate Sravya Katta, appearing for the victim, argued that a woman has self-rule over her body which is a facet of the right to life and liberty under Article 21. Further, she submitted that it is inhuman to subject a woman, who is over 24 weeks pregnant, to legal deferrals since the infringement of the right to life of rape the victim outweighs the right to life of the child in the womb.
Subsequently, the Court noted that though there is a restriction under the MTP (Amendment) Act 2021 for terminating pregnancy older than 24 weeks, it is settled law that the Constitutional Courts are empowered to direct termination of pregnancy even if the fetus is more than 24 weeks old.
"The parents of the petitioner have expressed, through their counsel, that the petitioner is not in a position to continue the pregnancy and there is a threat to the life of the petitioner on account of physical and mental stress she is undergoing on a day-to-day basis," the Court noted while allowing the termination of pregnancy.