THE RIGHT OF A FOETUS

SARASIJ MAJUMDER

IN GENERAL RIGHT TO LIFE SHALL PREVAIL OVER RIGHT TO CHOOSE.

The Judgement

• The Supreme Court on 16/10/23 declined to permit a married woman, who is a mother of two, to terminate her 26-week pregnancy.  DY Chandrachud-headed bench said the foetus was healthy and the AIIMS medical board found no abnormality in it. The court said the length of pregnancy has crossed the upper limit for allowing Medical Termination of Pregnancy (MTP), and therefore it cannot be permitted.
• "The length of the pregnancy has crossed 24 weeks and it is approximately 26 weeks and 5 days old. The medical termination of the pregnancy cannot be permitted."

• The court said it is up to the woman to keep the child after birth or give up for adoption.

 

The rationale

• The top court said there is no immediate threat to the mother. It also refused to exercise the option of prematurely delivering an underdeveloped child, which would develop serious mental and physical deformities.
• Based on the AIIMS medical board report, the court said the foetus does not pose any danger to the life of the woman.
• The woman was suffering from postpartum psychosis after the birth of her second child.
• The medical board told the Supreme Court that the medicines she had for treatment of postpartum psychosis had no adverse impact on the child and that AIIMS was ready to manage her pregnancy to its full term.

The case

• The bench was hearing arguments on the Centre's application seeking recall of the apex court's October 9 order permitting the 27-year-old woman to undergo termination of pregnancy at AIIMS.
• The moral dilemma stemmed from what the court said were the rights of the unborn child and the woman's right to her bodily autonomy.
• The issue arose after an AIIMS medical board doctor sent an email on October 10 saying the foetus had a strong possibility of survival.
• The matter came up before the CJI-led bench after a two-judge bench on October 11 gave a split verdict on the Centre's plea for recall of its order.

Analysis

Key Provision of the MTP Amendment Act, 2021 is as follows:
Under the Act, a pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device. It allows unmarried women to also terminate a pregnancy for this reason.

MY OPINION: --20 Weeks is too long a time. It shall be reduced to TEN (10) WEEKS.

NO pain TO FOETUS, AND RIGHT OF FOETUS TO LIVE-- shall be the reason to restrict abortion.

 The ACCIDENTAL MOTHER shall decide FAST, before the EMBRYO starts developing into a FOETUS.

 Key Take—THE FETAS SHALL NOT BE SUBJECTED TO ANY DEATH PANG—AND THE MOMENT EMBRYO REACHES THE STAGE OF FOETUS—HE/SHE HAS A RIGHT TO LIVE, AND IT SHALL BE PROTECTED BY LAW.

The same shall apply for RAPE VICTIM. In such case, if the mother wants to abandon the child, there are many options to handle the case, and allow the Child to have a life; and thereby free the mother of the parental obligation.

The whole act shall be revised to protect the living right of the UNBORNE. And IN GENERAL, TERMINATION SHALL BE ALLOWED BEFORE THE FOETUS STAGE IS REACHED...

However, if continuing with pregnancy threatens the life of the Women, or the child; and the child is medically malformed—MTP  may be applied even in later stage, with full protection of MOTHER.

MTP shall not be a license to enjoy SEX irresponsibly.

Note:- The photo at top, left—Foetus 12 week old, refer url below:

https://www.mayoclinic.org/healthy-lifestyle/pregnancy-week-by-week/in-depth/prenatal-care/art-20045302