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'Progeny, termination; fundamental rights'


‘Progeny, termination; fundamental rights’
Cuttack: While allowing a rape victim to terminate her pregnancy after 20 weeks of conception, the Orissa High Court recently ruled that right to progeny and termination are both fundamental rights enshrined under Article 21 of the Constitution of India.
The high Court cited the instance of Meera Santosh Pal vs. Union of India, (2017) 3 SCC 462, wherein the Supreme Court had held that women’s right to make reproductive choice is also an aspect of personal liberty as understood under Article 21 of the Constitution.
In this case, the victim was 21 weeks pregnant and according to the existing Medical Termination of Pregnancy Act (MTP Act), medical termination of pregnancy more than 20 weeks old is not permitted.

Orissa , India , Cuttack , Rajya-sabha , Savitri-ratho , Meera-santosh-pal , Supreme-court , Orissa-high-court , Division-bench-of-justices-sk-mishra , Union-of-india , Medical-termination , Pregnancy-act

Right To Progeny And Termination Thereof Is A Fundamental Right Under Article 21: Orissa High Court


While permitting a rape victim to terminate her pregnancy after 20 weeks of gestation, the Orissa High Court on Tuesday held that right to progeny and termination thereof is a fundamental right enshrined under Article 21 of the Constitution of India.
Reliance was placed on
Meera Santosh Pal v. Union of India, (2017) 3 SCC 462, where the Supreme Court held that women's right to make reproductive choice is also a dimension of personal liberty as understood under Article-21 of the Constitution.
The victim in this case was 21 weeks pregnant and as per the existing Medical Termination of Pregnancy Act (MTP Act), medical termination of pregnancy more than 20 weeks old is not permitted.

India , Kerala , Rajya-sabha , Savitri-ratho , Suchita-srivastava-anr , Meera-santosh-pal , Honble-supreme-court , Kerala-high-court , District-court , Rajasthan-high-court , Union-of-india , A-division-bench-of-justices-sk-mishra