H v. UNION OF INDIA AND ANR. DIARY NO. 22763-2024

H v. UNION OF INDIA AND ANR. DIARY NO. 22763-2024

Facts: The petitioner, a 20-year-old unmarried student preparing for the NEET exam, discovered her pregnancy at 27 weeks. The petitioner argued that her mental and physical health were in grave danger due to the advanced stage of pregnancy.

Issue: What are the rights of a child in the mother’s womb?

Observation: The Supreme Court considered a Special Leave Petition challenging the Delhi High Court’s dismissal of the petitioner’s plea when the pregnancy had crossed 29 weeks. The Court noted that the child in the womb has a fundamental right to life. However, given the advanced stage of the pregnancy, the bench dismissed the petition, emphasizing the child's right to life over the mother's plea for termination.