Posts Tagged ‘Supreme court verdict’

The apex court on the twenty-first day of July, pronounced a momentous verdict, and upheld that the right to motherhood is serving even the mentally disheveled women. The case encompassed Radha, a mentally challenged nineteen year old girl, who was ruthlessly raped at an aasharam, by a government janitor. When her pregnancy was discernible, the high court of Punjab and Haryana was moved over the acrimonious issue. The honorable courts decided that the girl’s mental state was vexing for the future of the baby, hitherto an abortion was indispensable. Some of the young lawyers were agitated and decided to file a petition against it in the Supreme Court. After the decision of the apex court, Radha now is entitled to have her baby.

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As a rule there were both sweet and sour opinions about it. I personally treat both the sides at par. Being an adamant supporter of equality, I welcome the verdict with all anxiety and pride. On contrast to it, I fear if the apex court has overlooked facts and preferred emotions? In lieu of scrutinizing the issue astutely, has the court decided the case sentimentally? Any pragmatic mortal mind will tell Radha is not capable to handle a child and responsibilities that are inevitable. She, herself being an orphan, is not only crippled mentally but her financial status is also vexing. Some of the psychiatrists believe her nascent mind, could go on to the lunacy of killing the baby if pushed towards delirium. Hypothetically taken, what if she does kill her child eventually, who would take the blame then? In such a miscellany, the future of the child indeed emanates consternations. But again, Radha can’t be ripped of her rights because she is ‘So and so’. The nineteen week old foetus can not be killed because it is possibly imperiled somewhere in the future. This issue brings in to perspective the controversial case which moved the Bombay high court last year, where the mother was seeking a legal abortion of her over twenty week old girl child, arguing that the foetus was examined and was found to be suffering from an incurable heart ailment, and that the girl would eventually have to face death untimely. The Bombay high court abrogated the plea, upholding the child’s right to live. There were questions asked even then, there were mixed reactions even then.


As for the fresh case of Radha Vs Union of India, the circumstances are just more morose. My conjecture and surmise at this moment is perplexing, I don’t see a flaw in either of the arguments. All in all I do feel a need to amend the laws, to give a clear transparency in such issues. Abrahim Lincoln once said and I find myself privileged to quote – “Two persons may honestly differ on something, and they both can be correct”. As things stand at present, his intellect seems to have been justified again.


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