Women does not have right of privacy over foetus once it had been discharged from her body:
In the facts of the present case, at this stage, the foetus is not a part of the body of the petitioner. It had already been discharged. It is true that the carrying of the foetus would depend upon the mother but the bond between them came to an end when it was discharged. It cannot thereafter be treated as a part of the mother, but was a unique organism. When the foetus has already been discharged from the body of the petitioner there is no question of compelling her to submit to any test. It is an organism, which has been preserved and, therefore, once the organism is preserved, the petitioner cannot claim that it should not be put to any test. The question of compelling her to do any particular act does not arise. This argument, therefore, so much thought of by the learned Counsel for the petitioner, must fail.
Delhi High Court
Ms. X vs Mr. Z And Anr. on 20 December, 2001
Equivalent citations: 96 (2002) DLT 354, I (2002) DMC 448
