Regent University law professor Scott Pryor posted on his blog Pryor Thoughts today about an Indian Supreme Court judgment barring a compulsory abortion against the wishes of a mentally retarded 19-year-old woman. Pryor recently returned from India where he taught law under a Fulbright Scholarship.
A Mother's Rights Vindicated
On 4 September I posted about the Indian Supreme Court judgment barring the abortion of the unborn child against the wishes of a mentally retarded 19-year old: http://pryorthoughts.blogspot.com/2009/09/buck-v-bell-india-style.html. I have since read the court’s opinion and corresponded with Bedi Tanu, the appellant's advocate who has practiced law for only six years.
Along with her senior advocate, she argued the case to the High Court in Chandigarh but lost. Nevertheless, through the efforts of friends and colleagues in Delhi, an appeal was delivered to the home of the Chief Justice of India at 9:00 pm on Friday night, only hours before the abortion was scheduled to take place the next morning.
Ms. Tanu argued the case on Monday after which a three-judge panel of the Supreme Court issued a short written order indicating its decision in favor of life, which was followed by the lengthy written judgment the last month.
I can’t summarize the meaning of this case any better than in the words Bedi wrote to me:
Every life is very precious. We have to see the world of others from their eyes and not our eyes. This girl has her world. We are doing nothing for her. We have no right to interfere in her world. Her rape was and is a heinous offence. The offender is the rapist; the child is innocent. If the mother wants her child for any reason, we can’t question her motherhood instinct on the parameter of IQ analysis. The disabled may not express their desires so easily (though this girl expressed her's unequivocally) but that does not mean they have no wishes. Disability is more in our perception, in our bias, than in the world. Life for the disabled is difficult and now, when the law is recognizing their rights, we cannot allow our prejudice, our ignorance, our stereotyped approach, to come in the way of life of self-determination of the mentally disabled.
http://pryorthoughts.blogspot.com/2009/09/mothers-rights-vindicated.html#comment-form
No comments:
Post a Comment