Right of the Unborn Child

On 16th October, 2023, the Supreme Court (SC) declined a married woman’s plea to medically terminate her 26-week pregnancy, saying the court is averse to ordering doctors to “stop the heartbeat” of the foetus when medical reports say she will give birth to a “viable baby”.

Ruling of Supreme Court

  • Right of the Unborn Child: The Indian legal framework on reproductive rights tilts to the side of the woman’s autonomy to decide and choose more than towards the rights of the unborn child. No international law recognises the right of the foetus or right of the unborn child.
  • Absolute, Overriding Right: ....
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