Article 21 guards Reproductive Autonomy
Nagpur: The Nagpur Bench of the Bombay High Court recently said it can’t issue directions for termination of a 27-week pregnancy of a 16-year-old rape survivor, citing a nine-member medical board’s warning that the procedure could endanger her life. A division bench of Justices Anil Kilor and Rajnish Vyas, in an Oct 13 order, disposed of a plea filed by the rape survivor and her father from Wardha through counsel Sweety Bhatia seeking termination of her pregnancy. An FIR was registered on Oct 9 under the Bharatiya Nyaya Sanhita and Pocso Act against the accused. HC declined to direct termination of a 16-year-old rape survivor’s 27-week pregnancy
The court said a woman, particularly a minor, cannot be compelled either to continue a pregnancy or to terminate it against her will. Govt was also told to facilitate adoption if the minor and her parents decide to give the child up for adoption after delivery. The court directed Maharashtra govt to ensure that the child, if born, receives remedial measures available under the law. The case arose from an alleged sexual assault on the minor under the Kharangana police in Wardha district.
Recording the family’s position, the bench underscored that the right to make decisions about one’s body, particularly reproductive choices, is a facet of Article 21 of the Constitution, which guarantees the right to life and personal liberty.
“The court cannot compel any woman, particularly a minor girl, either to continue with the pregnancy or to terminate the same against her will,” the judges said, adding that such compulsion would undermine her dignity and run contrary to the spirit of the Constitution.