Two male judges of the Bombay High Court decided the fate of a fetus and the prerogative of a pregnant woman. A woman should have a constitutional right for an abortion when there is a decision in good faith that the fetus would suffer even from a minor handicap. Apparently, a fetus does not have any right but the rights of the pregnant woman should not be overshadowed by the lack of rights of the fetus.
The effect of legislation dictates what stays in a womb for how long and the judicial overview closed the door with its helplessness. Justice has not been well served in this case because of a grey area in the law.
The Medical Termination of Pregnancy Act of 1971 is a handicap in itself when, it did not define the term “serious handicap” in section 3; by providing an arbitrary gestation period of 20 weeks before an abortion and above all by excluding the women of Jammu and Kashmir.
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