Fully Developed Foetus Has Right To Enter This World, Live A Healthy Life: Rajasthan High Court Declines Termination Of 30 Weeks Pregnancy
While rejecting the application for termination of 30 weeks pregnancy by an alleged rape victim, the Rajasthan High Court reiterated that a fully developed foetus also has the right to life under Article 21 of the Constitution.
“The medical report indicates that fetus is gaining weight and fat and is closure to its natural birth. Vital organs, like brain and lungs are almost fully developed, preparing for life outside the womb. The fetus has, in fact life with heart beats, hence termination of pregnancy, at this stage, is not adviseable and possible. The fully developed fetus also has right to life under Article 21 of the Constitution of India to enter in this world and live a healthy life without any abnormalities.”
The bench of Justice Anoop Kumar Dhand observed that the report by the Medical Board indicated that at such an advanced stage termination was not safe as it presented the risk of premature delivery which was likely to affect the neurotic development of the unborn child apart from exposing the petitioner's life to danger.
The Court was hearing a writ petition wherein the petitioner was alleged to have been raped and was seeking Court's permission to terminate her 30-weeks pregnancy. It was the case of the petitioner that since the child was conceived as a result of an offence, giving birth to such a child would be like a constant reminder to her of the atrocities committed upon her.
As per the opinion of the Medical Board, the termination was not safe for the petitioner due to the advanced gestational period as well as her age. It was opined that an attempt to terminate such advanced pregnancy might result in premature delivery of the unborn child which might subject him/her to suffer from abnormality.
In this background, the Court held that there was no material on record based on which the Court could differ from the opinion of the Medical Board. It was held that the delay caused in approaching the Court, on the petitioner's end, had aggravated the situation, hence any direction to terminate the pregnancy would endanger her life as well as the life of the fetus.
The Court further opined that even though law recognized woman's autonomy in deciding whether to continue the pregnancy or not, looking at the unrebutted opinion of the Medical Board, the circumstances in the present case did not permit termination of pregnancy.
Accordingly, the petition was disposed off with necessary directions to the State for providing maternal and nursery care to the petitioner, option to the petitioner of handing over the child for adoption after birth, and adequate compensation to the petitioner.
Title: Victim v State of Rajasthan & Ors.
Citation: 2024 LiveLaw (Raj) 402
Counsels for the Petitioner: Ms. Sangeeta Kumari Sharma
Counsels for the Respondent(s): Mr. Vigyan Shah (AAG); Mr. Yash Joshi; Mr. Harsh Parashar; Mr. Ramkesh ASI