The Court at the outset observed that the right to make autonomous decisions about her reproductive functions is at the core of every woman and girl’s fundamental right to equality and privacy.
“Reproductive rights include the right to choose whether and when to have children, the right to choose the number of children and the right to access to safe and legal abortions“, the Court underscored.
The Court then went through the report of the medical board that was constituted to examine the pregnant girl and noted that the board opined that continuation of the pregnancy may be detrimental to her mental and physical health.
The Court also took note of the fact that the survivor belonged to a scheduled caste community and said that the possibility that she might be isolated could not be ruled out.
Therefore, the Court granted her permission to terminate the pregnancy and issued appropriate directions in that regard.
If the foetus is found to be alive after the procedure, the hospital has been directed to care for the foetus. In such a scenario, the State has been directed to assume full responsibility and offer medical aid to the child in keeping with the provisions of the Juvenile Justice (Care and Protection of Children) Act.
Source: Barandbench
