DAA News Network

India: Supreme Court overturns abortion order for girl with learning difficulties

Posted 03/9-09 at 02.20

The Indian Supreme Court, in a landmark ruling, reversed a lower court's decision to order a girl with learning difficulties, to abort her baby against her wishes.

The 18 year old, who lived in a state-run institution, became pregnant after being raped by a staff member.Subsequently, the Administration of the State of Chandigarh decided it was in her best interests to have an abortion.This was supported by state's High Court.

The lawyer defending the girl's rights in court argued, among other things, that forcing her to have an abortion was against both Indian law and the international convention to which India is a signatory. Presumably, this refers to the UN Convention.

The Supreme Court ruling is important as it establishes a national legal precedent, upholding the rights of disabled people to family life. This is set out in Article 23 of the CRPD.



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