Monday, January 3, 2022

Reproductive choice a dimension of woman's personal liberty: Delhi High Court

"As repeatedly held by the Courts, in the judgements referred above, reproductive choice is a facet of reproductive rights of a woman and a dimension of her ‘personal liberty, enshrined in Article 21 of the Constitution of India and thus the Petitioner cannot be deprived of the freedom to take a decision to continue or not to continue with the pregnancy, in the backdrop of the foetal abnormalities brought forth in the Medical Opinion of the Board."

"The opinion indicates that the entire life of the child if born, would largely depend on the clinical condition and quality of medical care provided to the child. Thus, the lack of compatibility of the foetus with a healthy and normal life is looming large. The mental frame of the Petitioner, a mother, in such circumstances, in taking a tough call to terminate the pregnancy, is perhaps understandable." - Justice Jyoti Singh 

The Court thus granted the petitioner permission to take the final decision to undergo the procedure of medical termination of her pregnancy.

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