The Indian constitution doesn’t guarantee anything – all “rights” can be suspended/ disregarded both in theory and practice. So nothing that happens in this country, including decisions by the various courts, should surprise anyone. Like the decision of the Supreme Court allowing a mentally retarded woman who was raped to continue the pregnancy—after a High Court ordered a termination.
The SC decision is right. What is wrong is that it was made “reluctantly” and on “emotional grounds,” meaning there was no rational basis for the same. The same courts deny abortions under the same law (MTPA) to those who bother with legalities, and decide otherwise in cases like the above.
Behind such absurdities lies the utter disregard for the “right to life.” From an ET article on assisted suicide/ euthanasia-
Opponents [of Santhara, fasting unto death] call it a breach of Constitution which guarantees the right to life but not death.
The right to life includes the right to make choices regarding such a life—smoking, eating, drinking, sleeping, flying, driving, marrying, having a baby (or aborting it)—and such a choice includes death. A right to life minus the right to make such choices is no longer a right, but a duty. Its like having the right to inhale, but not to exhale.