Cannot restrict woman's reproductive choice: Kerala HC


Kochi, Nov 4 (IANS): The Kerala High Court on Friday observed that there can be no restriction on a woman's right to exercise her reproductive choice, to either procreate or abstain from it.

The court took the route of an earlier apex court judgement where it was held that as per Article 21 of the Constitution of India, a woman has right to make reproductive choice as it is a dimension of her personal liberty.

"There can be no restriction on a woman's right to exercise her reproductive choice to either procreate or to abstain from procreating. A woman's right to make reproductive choice being a dimension of her personal liberty, as understood under Article 21 of the Constitution of India," the order said.

It ruled in a petition of a 23-year-old MBA student seeking termination of her pregnancy from consensual sex with her classmate.

The petitioner claimed after realising that she was pregnant, she was disturbed and moreover the classmate with whom she was in a relation had left the country for higher studies and she decided to terminate her pregnancy.

But none of the hospitals she approached was ready to do the termination as it had crossed 24 weeks and hence she approached the court.

After considering the opinion of the medical board that the continuation of the pregnancy may cause risk to the petitioner's life, the court permitted her to terminate the pregnancy at a government hospital and directed the hospital concerned to constitute a medical team for conducting the procedure.

In its order, the court also stated that if the baby is born alive, the hospital shall ensure that the baby is offered the best medical treatment available.

 

  

Top Stories

Comment on this article

  • Dev, Mangalore

    Fri, Nov 04 2022

    One's reproductive choice is the life & death judgement for the unborn which is a decision beyond its choice. It is a conflict between ethical and moral as well as convenience of the mother and her future ambitions in her career. If only she had exercised her right to have protection at the time of their union this dilemma could have been avoided.

    DisAgree Agree [3] Reply Report Abuse

  • Deshbhakt, Mangalore

    Fri, Nov 04 2022

    Some conceptions are unfortunate, can't be generalised as life & death and certainly not hoarded on the woman alone. You call it murder, so be it, she will decide whether to be guilty or otherwise because she can't pay for the other 50% responsibility of the procreation, thus gambling with her life, career and future - ALL ALONE.

    DisAgree [1] Agree Reply Report Abuse

  • Dev, Mangalore

    Fri, Nov 04 2022

    My last sentence gives the answer to your opinion. She is an adult and not innocent .or ignorant partner while indulging in unprotected love as she is educated according to the report. She should know the consequences of her careless act that landed her in this situation.

    DisAgree Agree [1] Reply Report Abuse

  • Deshbhakt, Mangalore

    Sat, Nov 05 2022

    Fittingly, she is opting to abort the FETUS, there is no connection with procreation here, she should be allowed to do er will that she decided as an adult.

    DisAgree Agree Report Abuse


Leave a Comment

Title: Cannot restrict woman's reproductive choice: Kerala HC



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.