A bench of Justices BR Gavai and CT Ravi Kumar sought a reply from the Central government on a petition filed by 'Cry for Life Society' and others.
Petitioners challenged the validity of the Kerala High Court's order of June 9, 2020, which declined to entertain their plea. In the apex court, the petitioners contended that their plea raises substantial questions of law about the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971.
The petitioners, led by senior advocate K. Radhakrishnan and advocate John Mathew, contended that abortion would violate the right to life and the fundamental right guaranteed under Article 21 of the yet-to-be-born is violated by the said provisions of the MTP Act.
"This court in Suchita Srivastava and Others v/s Chandigarh Administration, reported in (2009) 9 SCC 1, though while dealing with the right of a woman to make reproductive choices, did specifically recognise the compelling state interest in protecting the life of the prospective child in case of a pregnant woman," said the plea.
The plea contended that once the child is formed, it acquires all rights of a human being and is entitled to all protection afforded to every citizen of India, including the right to life and property, the only exception is when it becomes a risk or threat to the life of the mother.
The plea added, "the High Court of Kerala dismissed the writ petition concluding that the validity of Section-3 (2) was upheld by this court in its letter and spirit in the decisions of this court and relied on by the High Court in the impugned judgment when the validity and the vires were not actually under challenge in those cases before this court. (IANS)
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