HC: Right to progeny and termination thereof is a fundamental right under article 21 of Indian Constitution
While permitting a rape victim to terminate her pregnancy after 20 weeks of gestation, the Orissa High Court bench consisting of Justice SK Mishra and Justice Savitri Ratho, in the case of WPCRL 68 of 2020, has held that right to progeny and termination thereof is a fundamental right enshrined under Article 21 of the Constitution of India. Reliance was placed by the Court on the case of Meera Santosh Pal v. Union of India, where the Supreme Court held that women’s right to make reproductive choice is also a dimension of personal liberty as understood under Article 21 of the Constitution. Factual Background The writ application was filed by the petitioner- Gopal Pattnaik for issuance of writ of Habeas Corpus- alleging that his elder daughter lodged an F.I.R. regarding missing of the victim girl and their suspicions to the effect that Respondent No. 5- Raja Mallick, allured her sister to some unknown place. Case of the Petitioner The grievance of the petitioner is that even though a pr