In a judgment refusing permission for 28-week abortion to a 14-year-old rape victim, the High Court noted that in this case, there is a risk to the minor victim’s life in abortion and on the other hand, the unborn child also has the right to life. Therefore, under these circumstances, the court’s “judicial conscience” was not ready to pass an order putting two lives at risk. Hence, permission for abortion was not granted.
EDITOR’S ADDENDUM: However, neither this media reporter nor the high court judge were aware that in international human rights law, a fetus does not have a right to life until after it has been born alive and exists independently from the pregnant woman or girl. And in any case, this judge was still required to ensure that the 14-year-old girl’s right to life was protected by granting her a safe abortion.
SOURCE: Bhaskar English. https://www.bhaskarenglish.in/local/gujarat/ahmedabad/news/gujarat-hc-refuses-abortion-for-28-week-pregnant-minor-girl-says-14-year-old-rape-victims-life-at-risk-136209455.html