Rajasthan High Court Rules on Abortion Rights of a Rape Survivor

The Rajasthan High Court, in a case, upheld the rights of a child rape survivor over the rights of an unborn child. The judgment was delivered in an appeal to a writ petition filed by a pregnant child rape survivor for abortion. The appeal challenged the decision of a single-judge bench of the Court. The threshold period for aborting the foetus was over. Thus, the Bench had restrained the victim from terminating the pregnancy. This was done despite the medical board declaring the foetus safe for abortion.

The single-judge bench had held that the foetus has a right to life under Article 21 of the Constitution; thus decided against abortion. It observed, “Court cannot be unmindful of the ‘yet to be born’- a fully alive prospective child in the womb.” The State Government then appealed against the judgment. It claimed, “the impugned Judgment impinges upon the fundamental right of victims of rape from seeking termination of forced pregnancy.”

Interestingly, the appeal was rendered futile since the child was already delivered. Nevertheless, the State Government urged the Court to decide upon the issue. This is so because it would clear the path for future rape survivors. The Division Bench of the High Court overruled the decision of the Single Bench. It held that woman’s right to reproductive choice falls under the ambit of Article 21. Adding that this right outweighs the right to life of a child in the womb.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...