Meera Santosh Pal v Union of India SCC/SC/462/2017
The petitioner’s foetus was diagnosed with anencephaly (a severe medical congenital condition in which a large part of the brain is absent) Meera Santosh Pal, a 22-year-old woman, had petitioned before the Apex Court under Article 32 of the Indian Constitution, requesting the Court to allow her to have her pregnancy terminated medically. She had realised that she was in grave danger after learning that her pregnancy had been diagnosed with anencephaly, a condition that causes the foetal skull bones to remain unformed and was both untreatable and guaranteed to result in the infant’s death during or shortly after birth. This disorder is also known to put the mother’s life in jeopardy. In the 24th week of her pregnancy, the petitioner had approached the Supreme Court of India. he Court observed that despite the fact that the pregnancy was in its 24th week, it would be reasonable to allow the petitioner to terminate the pregnancy due to the risk to the mother’s life and the foetus’ incapacity to live outside the womb. The most important aspect is that she has the right to take any and all measures required to protect her own life from needless harm. Given the threat to her life, there is no doubt that she has the right to defend and preserve her life, especially because she has made an educated decision. Her freedom to exercise it appears to be within the bounds of reproductive autonomy The Supreme Court ruled in favor of the petitioner while placing reliance on the Suchita Shrivasta case that this choice of a woman falls under the protection guaranteed by Article 21 of the Constitution. The Court also emphasised the point of the consent of a woman in both termination and continuation of pregnancy. Justices L. Nageswara Rao, S. A. Bobde
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