The Chhattisgarh High Court in the case A v. State of Chhattisgarh & Anr. observed and has stated that the woman to continue with the ‘unwanted pregnancy’ violates the fundamental right of her.
The single bench headed by Justice P. Sam Koshy was hearing the present matter.
The court observed that it now being the settled principle wherein it compelled that a woman with the unwanted pregnancy would violate her fundamental rights and that the same would have been the recent trend of many High Courts. Therefore, the rights to reproductive autonomy and privacy are considered fundamental rights in India which are protected as stated under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty. In the present case, the petitioner, being the minor girl, was allegedly subjected to rape and got pregnant. Further, when the petitioner approached the medical practitioner for terminating her pregnancy, thus, the said practitioner orally refused as it involved a criminal case of rape.
The petitioner file the writ plea approaching the High Court, wherein asking the Court to order for the medical termination of her pregnancy.
The counsel appearing for the State furnished a report which is prepared by the Chief Medical Officer who certified that pregnancy of the petitioner can safely be terminated.
Observations Made By Court:
The bench of Justice Koshy in the case observed and has noted that the Indian Courts have recognised the right of women for taking decision about their own bodies which includes the choice to terminate unwanted pregnancy. Thus, it has also been opined by the court that the victim in such case would have to undergo tremendous physical and mental trauma if made to undergo the entire period of pregnancy.
Adding to it, the court stated that the physical and the mental trauma would further be get enhanced if she becomes a mother. Therefore, the mental trauma would also be there on the child to be born and one cannot forget the social stigma that would be attached with the victim firstly on becoming pregnant particularly when she is unmarried and secondly after giving birth to the child that social stigma would also be there upon the child born out of such an act all through the life.
The court further observed and has held that for the overall well-being of the petitioner which being both physically and mentally and considering the potential harm and distress that would arise if pregnancy is allowed to continue, thus, the same would be proper to permit her to undergo the termination of pregnancy.
Accordingly, the court allowed the writ petition.
The counsel, Advocate, Mr. Ravindra Kumar Agrawal, Advocate with Mr. Vivek Shrivastava appeared for the petitioner.
The counsel, Advocate Mr. Rahul Jha represented the respondents.
