Navigating the Delicate Balance: Maternal Autonomy vs. Foetal Rights

The Delhi High Court has urged lawmakers to address the critical issue of defining the balance between maternal autonomy and foetal rights, particularly at the stage of foetal viability. This call to action comes amid a rising number of cases seeking pregnancy termination beyond statutory limits.

Foetal viability, indicating a foetus's ability to survive outside the womb, has become increasingly significant in abortion jurisprudence. The court asserts that without clear legislative guidelines, courts have been forced to make case-specific decisions, leaving the matter unresolved.

In a recent judgment, Justice Arun Monga allowed the medical termination of a 27-week pregnancy for a 15-year-old victim of sexual assault, emphasizing the paramount importance of the victim's mental and physical well-being over uncertain foetal prospects. The court underscored that the responsibility for resolving such complex legal issues ultimately lies with lawmakers.

(With inputs from agencies.)