'Woman Has Right Not To Carry Pregnancy, Subject To Restrictions': Telangana High Court Permits Rape Victim To Terminate 26 Weeks Old Foetus
Live LawThe Telangana High Court in a recent judgment laid down that the life of the foetus or to be born child cannot be placed at higher pedestal than that of the life of the woman. The court observed that Constitutional Courts have the power under writ jurisdiction to direct termination of pregnancy, even when the length of pregnancy is beyond the statutory limit of twenty-four weeks as per the Medical Termination of Pregnancy Act, 2021. As per the Medical Termination of Pregnancy Act, 2021, the upper limit for medical termination of pregnancy is 24 weeks as opposed to 20 weeks which was the position before the amendment. The Court's ruling The court relied upon the decision in xxx v. Union of India, 2021 SCC OnLine Ker 808, in which the High Court of Kerala allowed the termination of pregnancy even when the period of gestation had reached 26 weeks taking into account the traumatic experience of the victim and the possible genetic disorders of the unborn child. The dignity, self-respect, healthy living are facets of right to life and personal liberty enshrined under Article 21 of the Constitution of India, which also include right of a woman to make a choice of pregnancy and terminate pregnancy, in case, where pregnancy is caused by rape or sexual abuse or for that matter unplanned pregnancy, subject to reasonable restrictions under law."