In a recent judgment, the Rajasthan High Court declined a petition from an alleged rape survivor seeking to terminate her 30-week pregnancy, emphasizing the constitutional right to life of a fully developed fetus under Article 21.
Case Background
The petitioner, an alleged rape victim, approached the court for permission to terminate her 30-week pregnancy. She contended that carrying the pregnancy to term would serve as a constant reminder of the assault, adversely affecting her mental health and well-being.
Medical Board's Assessment
The court referred the matter to a Medical Board for evaluation. The Board reported that at 30 weeks, the fetus's vital organs, including the brain and lungs, were nearly fully developed, indicating readiness for life outside the womb. They cautioned that terminating the pregnancy at this advanced stage could pose significant health risks to the petitioner and potentially result in the premature birth of a child with developmental abnormalities.
Court's Observations
Justice Anoop Kumar Dhand, presiding over the case, underscored the fetus's right to life as enshrined in Article 21 of the Indian Constitution. The court noted that the fetus was viable, with a functioning heartbeat, and that termination at this stage was neither advisable nor feasible due to the associated risks. The court stated, "The fully developed fetus also has the right to life under Article 21 of the Constitution of India to enter this world and live a healthy life without any abnormalities."
Legal Framework
Under the Medical Termination of Pregnancy (MTP) Act, 1971, as amended, abortion is permissible up to 20 weeks of gestation. For pregnancies between 20 and 24 weeks, termination is allowed under specific conditions, such as substantial fetal abnormalities or if the pregnancy results from rape. Beyond 24 weeks, termination is generally prohibited unless necessary to save the woman's life. In this case, the petitioner's pregnancy exceeded the permissible limit, and the Medical Board did not find sufficient grounds to recommend termination.
Conclusion
Balancing the petitioner's rights with the fetus's right to life, the Rajasthan High Court concluded that terminating the 30-week pregnancy was not legally permissible or medically advisable. The court directed the state to provide comprehensive medical and psychological support to the petitioner throughout her pregnancy and after childbirth. This case highlights the complex interplay between reproductive rights, fetal rights, and legal constraints, emphasizing the need for timely legal recourse in such sensitive matters.
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