Unborn child has the Right to Life, says Kerala High Court

The High Court of Kerala said that an unborn child need not be distinguished from a newborn.

Kochi: The Kerala High Court has stated that an unborn child has the Right to Life under Article 21 of the Constitution.

Justice P B Suresh Kumar said that the unborn child has its own life and rights and that these were recognised by the law.

The court dismissed a petition filed by an Ernakulam native woman, seeking to terminate a 31-week pregnancy.

The petition had stated that the foetus was diagnosed with substantial abnormalities. The woman had approached the hospital to terminate the pregnancy. But as the legally-stipulated time limit was over, the hospital authorities had rejected her request for an abortion.
The woman then approached the court.

The High Court dismissed the petition after the medical board submitted a report that though the foetus has abnormality, this was not serious and did not pose a threat to the mother's life.

The High Court also said that an unborn child need not be distinguished from a newborn.

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