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Moot Problem
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Me, My Body, My Decision!
Kindiya is a democratic republic. She got her independence from British rule
in 1947. The Constitution of Kindiya was adopted in the year 1949. The Kindiyan
Constitution assures several rights to her citizens. Fundamental rights like right
to equality, freedom of expression, freedom of speech, freedom to form peaceful
assembly, etc. are assured to all the citizens of the country. Right to life and
personal liberty is one of the most important right enjoyed by the Kindiyan citizens.
Under the horizons of Article 21 of the Kindiyan Constitution, the Supreme Court
of Kindiya has included a variety of rights and the court has been a crusader in
protection of human rights.
Shakuntala Devi is a bright politician from the State of Dihar. She has great
prospect to become Chief Minister of Dihar. Shakuntala Devi is married to Pratap
Yadav for last 10 years and is blessed with two daughters, Pooja and Aarti. In 2021,
Shakuntala Devi was pregnant with their third child. In the mean while, Dihar
general elections were announced. One of the conditions set by Election
Commission was that, the candidature of candidates with more than two children
shall be rejected. As Shakuntala’s 18 weeks pregnancy affected her election
candidature, she started persuading her husband that she wishes to terminate her
pregnancy. But her in-laws and her own parents requested her not to terminate
her pregnancy and to give up her political career. However, Shakuntala expressed
her desire to Dr. Sheetal Raj to discontinue the pregnancy and told how her family
was pressurizing her to retain it. Dr. Sheetal assured her that no one could
pressurize her to retain the pregnancy and her legal position was secure as
husband’s consent was not necessary for termination of the pregnancy. Pratap
Yadav filed an Injunction Petition to stop his wife, Shakuntala Devi from going
ahead with the termination of pregnancy before the Civil Judge. The Civil Judge
issued interim order of injunction stopping Shakuntala Devi from terminating the
pregnancy. In meanwhile, Pratap Yadav filed a Writ Petition before Supreme Court
of Kindiya challenging the constitutional validity of the Medical Termination of
Pregnancy Act and questioning his right as a father to retain the unborn child.
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This Moot Problem is prepared by Ms. Ashwini Parab, Assistant Professor, R. L. Law College, Belagavi.
