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.