Balancing Women’s Autonomy and Unborn Child’s Rights: A Complex Decision by the Supreme Court
Last Updated on October 12, 2023 by News Desk
On October 12 2023 there was a ruling, by the Supreme Court of India that dealt with the issue of finding a balance between a womans independence and the rights of an unborn child. This particular case involved a woman who was in her week of pregnancy and experiencing post partum depression. As a result she sought permission for a termination of her pregnancy. However the courts decision was not straightforward.
Initially a two judge panel approved the womans request on October 9 acknowledging her circumstances. However the Union Government. Submitted an application for reconsideration based on a report suggesting that there was a chance for the fetus to survive outside the womb. These developments led to differing opinions within the two judge panel. Subsequently referred the matter to a three judge bench consisting of Chief Justice DY Chandrachud along with Justices JB Pardiwala and Manoj Misra.
The crux of this case lies in striking a balance between respecting womens autonomy and choices while also protecting the rights of children. The Supreme Court has been committed to upholding womens autonomy. Also acknowledges its responsibility, towards safeguarding unborn rights.
The ongoing discussion, between those in favor of choice and pro life viewpoints as well as the necessity for clear laws and comprehensive policies concerning abortion are significant topics that demand attention. Above all the Supreme Courts involvement in navigating this issue is crucial, for upholding justice and safeguarding the rights of everyone involved.
Written by — Athi Venkatesh
