Introduction 

• This is a landmark judgment which talks about the right of the woman to terminate her pregnancy even at later stages.  
• The Judgment was delivered by a 2- judge Bench consisting of Justice Nagarathna and Justice Ujjal Bhuyan. 

Facts

• The appellant filed an FIR against a person accused under Section 376(2)(n) of the Indian Penal Code, 1860 (IPC) for having sexual intercourse on the false pretext of marriage. 
• Upon realizing she was pregnant at around 25 weeks, the appellant filed a writ petition before the Gujarat High Court seeking termination of her pregnancy, citing potential physical and mental health injuries. 
• The High Court initially directed a medical report and then rejected the petition, primarily citing the advanced stage of pregnancy (27 weeks). 
• The matter was before the Supreme Court.

Issue Involved

• Whether pregnancy can be terminated even at the advanced stage of pregnancy i.e. at 27 weeks?  

Observations 

• The Supreme Court found that the High Court's rejection was problematic as it did not fully consider the medical report, which noted the survivor was clinically fit for the procedure and that termination would not affect her future health. 
• Medical reports indicated the pregnancy was a result of sexual assault and could potentially affect the woman's mental health. 
• A woman's right to reproductive choice is an integral part of her personal liberty under Article 21 of the Constitution. 
• The Supreme Court recognizes that pregnancy resulting from sexual assault is particularly traumatic and can significantly impact a woman's physical and mental health. 
• The right to terminate pregnancy can be considered even at later stages if medical experts certify the procedure's safety and the woman's consent.

Conclusion

• The Court in this case discussed the law on termination of pregnancy. 
• The Court held that the right to terminate the pregnancy can be considered even at a later stage if the experts certify the safety of the procedure and the woman’s consent.