Fully Developed Foetus Has Fundamental Right To Life: Rajasthan HC Dismisses Rape Victim’s Plea Seeking Termination Of 30 Weeks Old Pregnancy

The Rajasthan High Court has observed that a 30 weeks foetus becomes fully developed and therefore has right to life under Article 21 of the Constitution.

The Court was considering a Writ-Petition filed by a Rape Victim seeking permission for termination of her 30 weeks old pregnancy.

The single-bench of Justice Anoop Kumar Dhand observed, "The medical report indicates that fetus is gaining weight and fat and is closure to its natural birth. Vital organs, like brain and lungs are almost fully developed, preparing for life outside the womb. The fetus has, in fact life with heart beats, hence termination of pregnancy, at this stage, is not adviseable and possible. The fully developed fetus also has right to life under Article 21 of the Constitution of India to enter in this world and live a healthy life without any abnormalities."

The Petitioner was represented by Advocate Sangeeta Kumari Sharma while the Respondent was represented by Additional Attorney General Vigyan Shah.

An FIR was registered under Section 376 IPC in which allegation of rape was levelled by the petitioner against the accused. It was averred that the child was conceived as a result of the offence committed with her and that she didn't not wish to give birth to such child, as it would be a constant reminder to her about the atrocities committed on her. The same was stated to be not good for her physical and mental health, as well as, social being of the minor victim. It was also averred that the petitioner and her family members are not able to take care of the child if allowed to be born.

In the opinion of the Medical Board, the pregnancy of the Petitioner is 30 weeks old and can be terminated (pre term delivery) in view of her physical and mental health. It was also opined that she would be at high risk if such surgical intervention is taken of baby being born pre term and alive and need of neonatal care 

The Court noted that in the opinion of the Medical Board, the termination of pregnancy of the petitioner is not safe and the same would be life threatening to the victim, due to her advanced gestational period and the age of the petitioner and referred to Supreme Court's decision in X v. Union of India whereby the Court refused to grant permission for termination of pregnancy, wherein the lady was carrying 28 weeks pregnancy.

The Court was not inclined to grant permission for termination of pregnancy having considered the circumstances of the case.

"Although, the law recognizes the autonomy of a woman to determine as to whether she wants to continue with the pregnancy or not, but looking to unrebutted opinion of the Medical Board available on record, that any attempt of termination of pregnancy, at this advanced stage, is likely to lead to a premature delivery and the same may affect the neurotic development of the unborn child apart from exposing the petitioner’s health to danger. The circumstances in the present case do not permit termination of pregnancy because it may result in premature delivery of the unborn child which may further subject him/her to suffer from abnormality as a result of such attempt," the Court observed.

The Court however observed that if the petitioner desires to give away the child for adoption to any willing parents, she will have the liberty of doing so after following the procedure laid down under the law.

The Petition was accordingly dismissed.

Cause Title: Victim vs. State Of Rajasthan (2024:RJ-JP:47791)

Appearances:

Petitioner- Advocate Sangeeta Kumari Sharma

Respondent- Additional Advocate General Vigyan Shah, Advocate Yash Joshi, Advocate Harsh Parashar, Assitant Sub-Inspector Ramkesh

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