Lawstreet Journal

'Life of a foetus or to be born child cannot be placed on a higher pedestal than that of a pregnant woman who has the right to make reproductive choices' : Telangana High Court

Lawstreet Journal 8 Nov 2021 5:54pm

Image courtesy: Lawstreet Journal Judiciary 'Life of a foetus or to be born child cannot be placed on a higher pedestal than that of a pregnant woman who has the right to make reproductive choices' :  Telangana High Court

Allowing termination of 25- 26 week pregnancy of a minor girl, the Telangana High Court held that dignity, self-respect  (mental and 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 cases where pregnancy is caused by rape or sexual abuse or for that matter unplanned pregnancy, subject to reasonable restrictions under the law. The decision should entirely be in the hands of the pregnant woman. 

Brief Facts:

The instant writ petition was filed by a minor aged 16 years through her mother seeking direction seeking direction to the respondent to terminate her pregnancy medically, as per the provisions of the Medical Termination of Pregnancy Act, 1971 (the Act of 1971) and as amended in 2021. It was stated that the 16-year-old girl was sexually exploited by one of her extended family members who also threatened her with dire consequences in case of disclosure of the factum of exploitation. Owing to bad health, she was taken for a medical checkup to respondent 4/ hospital and as directed by the said hospital on approaching another hospital she was diagnosed with a foetus of 25 weeks.

On enquiry by the parents, the petitioner stated that she was threatened with dire consequences and the accused threatened to kill her mother. FIR was registered for the offences under Sections 376 (2) and 506… Continue Reading...


Tagged: Pregnant Woman   Telangana High Court  
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