Lawstreet Journal

Right to Progeny and Termination Thereof is a Fundamental Right Under Article 21: Orissa High Court [READ ORDER]

Lawstreet Journal 21 Dec 2020 9:33pm

Image courtesy: Lawstreet Journal Judiciary Right to Progeny and Termination Thereof is a Fundamental Right Under Article 21: Orissa High Court [READ ORDER]

While permitting a rape victim to terminate her pregnancy after 20 weeks of gestation, Orissa High Court has held clearly and commendably that right to progeny and termination thereof is a fundamental right enshrined under Article 21 of the Constitution of India.

The Orissa High Court delivered the judgment in WPCRL No. 68 of 2020 on December 15, 2020.

The bench raised specific query as to whether termination of the pregnancy at this stage would pose any threat to the life of the victim girl was not answered.

In this regards the bench relied on the Supreme Court Judgment in the case of Z vrs. State of Bihar, (2018) 11 SCC 572, wherein SC examined the right of a women to terminate the pregnancy. Thus the SC concluded that it is no doubt that right to progeny and termination thereof is a fundamental rights which springing from the right to life as enshrined under Article-21 of the Indian Constitution.

The bench noted the fact that a Single Bench of Orissa High Court in the case of Runa Majhi vs. State of Orissa 2020 SCC online Orissa 677, did not permitted termination of pregnancy of a mentally retarded victim who was 24 weeks pregnant and as the court found that none of the exceptions laid down in Section-3(4)(a) of the Act was applicable.

The learned counsel for the petitioner further submits that there are instances in which the Hon'ble Court as well as several High Court of the country have allowed medical termination of pregnancy beyond 20 weeks… Continue Reading...


Tagged: Orissa High Court  
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