KERALA, India (LifeSiteNews) – The High Court of the Indian State of Kerala late last month dismissed a mother’s request to abort her 31-week-old baby, stating the “right to life of an unborn” cannot be treated “differently from a born child.” The Kerala Catholic Bishops’ Council (KCBC) applauded the decision.
“In the absence of any threat to the life or health of the mother,” the Hon’ble Justice opined that “the reproductive choice of the mother which is a facet of the fundamental right guaranteed to her under Article 21 of the Constitution, will have to give way to the right of the unborn to be born.”
Article 21 of the Indian Constitution secures two rights: the right to life and the right to personal liberty.
KCBC Family Commission in a statement welcomed the Hon’ble Kerala High Court’s verdict. The statement congratulated the Hon’ble Justice, stating “only judges with robust moral values are capable for delivering strong rulings for justice.”
The Hon’ble Court in an interitem order had directed the Government Medical Board to examine the mother and submit its medical report. The medical report clarified that doctors detected the baby had a non-lethal anomaly and suggested the continuation of “the pregnancy till term.”
The Hon’ble Justice wrote that “the unborn has life from the stage it transforms into foetus. If the unborn has life, though it is not [sic] a natural person, it can certainly be considered as a person within the meaning of Article 21 of the Constitution, for there is absolutely no reason to treat an unborn child differently from a born child.”
Father Paulson Simethy, secretary of KCBC Family Commission, told LifeSiteNews that KCBC supports large families and promotes the culture of life. Sabu Jose, the president of the KCBC pro-life cell, emphasized to LifeSiteNews the need to promote the dignity and inviolability of human life in the womb.
On March 25, 2021 the Indian federal government expanded its abortion law to permit the killing of children in the womb up to 24 weeks. Previously, babies could only be killed up to 20 weeks (five months) in the womb. The new amendment also permits abortion through birth in case of fetal “abnormalities.”
The Lancet estimates that around 16 million abortions (14.1 million–17.3 million) occurred in India in 2015.