The Bombay high court on Wednesday allowed a 19-year-old unmarried woman to terminate her 26-week pregnancy, holding that forcing her to continue it would “seriously jeopardise her education, future career prospects, social standing and overall well-being”.
“The right of a woman to discontinue a pregnancy has been recognised by constitutional courts, which have consistently upheld reproductive autonomy and bodily integrity as facets of Article 21 of the Constitution,” a bench of Justice Bharati Dangre and Justice Manjusha Deshpande said while allowing the plea.
The order was passed after considering a report from the medical board at Sir JJ Hospital. While the board found no foetal abnormalities, it said it could not approve termination as the pregnancy had crossed the statutory 24-week limit.
The board, however, stated that termination could be considered if directed by the court to safeguard the woman’s psychological health and prevent grave and irreparable harm to her mental well-being. It also said the foetus could be born alive and may require NICU support, while the risk to the mother’s life from termination was minimal.
It was noted that the foetus was not anomalous and the procedure posed no significant threat to the woman’s life. It observed that the petitioner, an unmarried 19-year-old, had unequivocally expressed her wish to terminate the pregnancy.
{{/usCountry}}It was noted that the foetus was not anomalous and the procedure posed no significant threat to the woman’s life. It observed that the petitioner, an unmarried 19-year-old, had unequivocally expressed her wish to terminate the pregnancy.
{{/usCountry}}“She is desirous of continuing with her educational pursuit, and is even apprehensive that if she gives birth to the child, she will be stigmatised in the society. She has specifically pleaded before us for termination of the pregnancy,” the bench observed.
The court also relied on a psychiatry department report, which said the woman did not feel emotionally, financially or socially capable of raising a child.
“Being an unmarried female, we deem it appropriate to respect her decision. Since the pregnancy was unwanted, its continuation would seriously impact her mental health, career and overall well-being,” the court said.
Finding no legal impediment, the bench directed the medical team to proceed with the termination in accordance with the woman’s choice.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.