JUDGMENT

J.B. Pardiwala, J.—Two questions of considerable importance i.e.

(1) Is the foetus a human being with a fundamental right to life? and

(2) Does a woman have the right to choose whether or not to have an abortion?

fall for my consideration in this writ application filed by a victim of an alleged rape who is carrying pregnancy as on today of around 28 weeks.

1. By this writ application under Article 226 of the Constitution of India, the applicant a victim of alleged rape, has prayed for the following reliefs:

“(A) to admit and allow this petition;

(B) to quash and set aside the impugned order dated 26.3.2015 passed by the learned Principal Civil Judge, Dhandhuka and further be pleased to grant permission to the petitioner-victim to terminate the pregnancy as the continuance of the pregnancy would cause grave injury to the petitioner victim;

(C) pending admission, hearing and final disposal of this petition, the Hon’ble Court be pleased to grant permission to the petitioner victim to terminate the pregnancy as the continuance of pregnancy would cause grave injury to the petitioner victim as pregnancy is of 26 weeks and 5 days presently, in the interest of justice;

(D) to dire