The Supreme Court refused to entertain the plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, stating that the foetus also has a fundamental right to live. The bench, headed by Justice B R Gavai, emphasized the foetus’s right to survive while hearing the woman’s plea challenging the Delhi High Court’s decision.
The woman’s counsel argued that the Medical Termination of Pregnancy (MTP) Act is focused on the mother’s rights. However, the bench pointed out that the Act does not disregard the foetus’s right to life. The high court had earlier noted that there was no congenital abnormality in the foetus and no danger to the mother’s life, making termination legally impermissible. Despite the petitioner’s plea and her mental and physical well-being, the court upheld the foetus’s right to life.