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 26.03.2015 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 Honourable 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 direct the res