Don't Polarise The Abortion Debate As Pro-Life v. Pro-Choice; Termination Is A Difficult Call For A Woman : Justice BV Nagarathna

Justice Nagarathna speaking at an event on Saturday (March 30) addressed the contemporary debate revolving around the idea of a woman's bodily autonomy and the anti-abortion sentiments. She expressed how instead of polarising the debate as 'pro-life v. pro-choice', one has to be mindful of the psychological, physical and medical turmoil that a woman braves when she decides to terminate her pregnancy.  

The Supreme Court Judge referred to the decision in XYZ vs the State of Gujarat to underscore the tussle between the pro-life and pro-choice ideologies. In the said case, the bench comprising Justice Nagarathna and Justice Bhuyan held that forcing a rape victim to bear a child as a consequence of the crime would be violative of the constitutional philosophy. The case pertained to an Adivasi woman in a remote village in Gujarat, who was allegedly raped under the false pretext of marriage. At 26 weeks, she filed a writ petition in the high court for permission to terminate her pregnancy, but no relief was granted despite a favourable opinion of a medical board. The Supreme Court in appeal, allowed the plea of termination of pregnancy, noting that such pregnancy affected the physical and mental health of the woman.  

Recalling how the said judgement rippled a debate on women's abortion rights, Justice Nagarathna cautioned against polarising the debate as two radical opposites i.e. pro-life and pro-choice. 

"The debate with regard to pro-life and pro-choice arose. I would not like to speak much about it, but I will only say that we should not polarise the debate as pro-life and pro-choice" 

Justice Nagarathna highlighted the need for viewing the issue from the lens of an empath and understanding the profound complexities and psychological turmoil that a woman undergoes in deciding to terminate her pregnancy. Whether the reasons for termination are medical or personal, a woman requires great mental strength to endure such a decision.  

She expressed, "It is a very difficult decision for a woman to terminate her pregnancy. Even if a medical reason is there, she has to be psychologically ready...It does take time for a lady to come to a decision to terminate a pregnancy" 

Last year, a bench comprising Justices Hima Kohli and BV Nagarathna had delivered a split verdict on allowing the termination of a 26-week unplanned pregnancy of a married woman. Justice Nagarathna observed that an unwanted pregnancy, whether due to failure in family planning, or due to sexual assault, has the same consequence. Since the lady is not willing to continue with the pregnancy, whether the foetus is viable or not is an irrelevant consideration.

Looking forward, Justice Nagarathna shared her positive outlook on the Supreme Court's pivotal role in guiding the country to fulfil its constitutional goals. She hopes for a future in which the court, being a united entity, remains dedicated to preserving the values set forth in the Constitution to serve the coming generations.

"I am assured that in the decades to come, the Supreme Court as a composite institution, will serve We The People of India and steer the chariot of justice towards our constitutional destiny. For that to happen, we have to follow the diktats of the Constitution," she said.