Mumbai: The Bombay High Court on Thursday granted permission to a 19-year-old woman from Pune to terminate her 25-week pregnancy. The court emphasized that “the consent of the pregnant person in matters of reproductive choices and abortion is paramount,” and stated that “the choice to continue a pregnancy to term, regardless of the court having allowed termination of the pregnancy, belongs to the individual alone.”
The petition, filed on May 27, 2024, revealed that the pregnancy was a result of a consensual relationship, not a sexual crime. The petitioner cited severe psychological distress and social stigma as primary reasons for seeking termination. She also indicated her intention to give the child up for adoption through government agencies if the termination procedure failed and resulted in the birth of an infant.
Initially, a private medical report attached to the petition indicated no abnormalities in the fetus but did not consider the petitioner’s emotional and mental health. The court then directed a comprehensive evaluation by the Medical Board of B J Government Medical College and Sassoon General Hospital, Pune. The Medical Board’s assessment, dated May 28, 2024, concluded that continuing the pregnancy could lead to “grave psychological injury” due to the petitioner’s current psychological status and socio-cultural and economic conditions. It also confirmed that she is physically fit to undergo the termination procedure.
The court’s decision drew from recent Supreme Court judgements, underscoring the importance of consent and bodily autonomy of a woman. It rejected arguments that her partner should have a say in the decision, stating, “The role of the RMPs and the medical board must be in a manner which allows the pregnant person to exercise their choice freely.”
Additionally, the court emphasized that Section 3(4)(b) of the Medical Termination of Pregnancy (MTP) Act provides that no pregnancy shall be terminated without the consent of the pregnant woman, reinforcing her right to make autonomous decisions regarding her body.
The ruling also referenced a Supreme Court case, reiterating that no entity, including the state, can override a pregnant person’s consent regarding reproductive choices.
Following this ruling, Sassoon Hospital was instructed to proceed with the termination immediately, ensuring sensitive handling of the woman’s emotional and mental health.
