XYZ vs State of Gujrat
BENCH- B.V. Nagarathna
FACTS
The appellant was involved in sexual intercourse with a partner who had the intercourse with false pretext of marrying the appelant. It was later discovered that the appelant was 25 weeks pregnant. The appellants after failing in Gujrat High Court asked the Supreme Court the question that should an unwanted child be given birth?
ISSUES
Whether Termination of Pregnancy be allowed after lapse of 24 weeks as prescribed by the Medical Termination of Pregnancy Act, 1961.
JUDGEMENT
In the context of abortion, the right of dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy. Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the State. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women.
The court allowed the Special Leave Petition and allowed to terminate the pregnancy, in the event, the foetus is found to be alive, the hospital shall give all necessary medical assistance including incubation either in that hospital or any other hospital where incubation facility is available in order to ensure that the foetus survives. Further, in case the foetus survives, then State shall take steps for ensuring that the child could be adopted in accordance with law.
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