Telangana High Court allows abortion of 26-week-old foetus of rape survivor

Telangana High Court
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Telangana High Court 

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Court observes the life of the foetus or to be born child cannot be placed at higher pedestal than that of the life of the mother

Hyderabad: The High Court single judge bench of Justice Bollam Vijaysen Reddy on Thursday has allowed the abortion of a 26-week-old foetus of a rape survivor. The bench also directed the Superintendent, Koti Maternity Hospital, Hyderabad to take all the precautions during and after the process.

The girl's mother has approached the High Court over the hospital's refusal to abort her foetus.

Holding that rights of the rape victim were more important than the rights of the foetus, the court opined that the life of the foetus or to be born child cannot be placed at higher pedestal than that of the life of the petitioner.

The dignity, self-respect, healthy living (mental or physical) etc. are facets of Right to Life and Personal Liberty, enshrined under Article 21 of the Constitution of India, which also include right of a woman to make a choice of pregnancy and terminate it, in case, where the pregnancy is caused by rape or sexual abuse or for that matter unplanned pregnancy, subject to reasonable restrictions under the law.

Further, the bench ordered the Investigation Officer, while conducting investigation in shall forward the tissue and blood samples of the petitioner to the concerned Forensic Laboratory for DNA and other relevant medical tests.

The blood samples and results of medical tests shall be preserved for the purpose of trial. In case, the petitioner applies for victim compensation, the Legal Services Authority, High Court shall render necessary assistance to the petitioner and ensure that compensation as provided under law is adequately granted, the court said.

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