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
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