Sunday, March 23, 2025

Fully developed foetus has a right to live: Rajasthan HC rejects rape victim’s plea to terminate 30-week pregnancy

The Rajasthan High Court has rejected the petition by an alleged rape victim to terminate her pregnancy which is currently at 30 weeks. The HC has observed that the foetus has developed organs, gaining weight, and soon will be fit for a natural birth. The High Court has held that it cannot be aborted because the foetus has a right to live in this world.

The bench of Justice Anoop Kumar Anand observed that no abnormalities have been detected in the foetus and the foetus now has a life, a heartbeat, a brain, and lungs and is well underway on its path for a normal, healthy life outside the mother’s womb. Hence the plea to terminate the 30-week pregnancy cannot be entertained.

The judge also cited the report by the medical board that said that aborting a 30-week foetus is unsafe and might carry the risk of premature delivery of a live baby, also risking the mother’s health. The petitioner woman had approached the courts saying that the pregnancy was a result of rape and giving birth under the circumstances might further her trauma.

The court, however, has directed the local administration that the woman has a right to hand the child over for adoption and she should be provided with adequate care and compensation for the delivery.