New Delhi: The Delhi High Court recently allowed a woman to terminate her 22-week pregnancy from a transient live-in relationship, observing that a pregnant woman’s bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights enshrined under Article 21 of the Constitution of India.
Pregnancy of petitioner woman arose from a live-in relationship and partner became untraceable
The High Court was told that the pregnancy of the petitioner woman arose from a live-in-relationship but her partner became untraceable, and they no longer cohabit and he cannot be contacted. She told the court that she was concerned about the social stigma and ostracization she would have to face.
Petitioner woman’s husband earlier abandoned her, minor child born out of wedlock
The woman was earlier married in 2016 and a baby girl was born in 2017, however, subsequently, her husband abandoned her and the minor child. She further told the court that she is already working multiple jobs to support herself and her first child, and therefore, the ongoing pregnancy is causing mental strain on her as she does not have the financial stability to care for a second child and considering her insecure situation, she urged the court to be allowed to terminate her ongoing pregnancy.
As a single mother abandoned by her husband, petitioner faces formidable financial, societal challenges, High Court noted.
“The petitioner’s plight demonstrates a compelling case of an unwanted pregnancy arising under uniquely challenging circumstances that impose severe distress and hardship. As a single mother abandoned by her husband, whose current whereabouts remain unknown, the petitioner faces formidable financial and societal challenges. Struggling to support her first child on a limited income, she has made a considered decision to seek the termination of her pregnancy at a gestational age of 22 weeks, invoking the provisions of the Medical Termination of Pregnancy (MTP) Act, as amended in 2021,” Justice Sanjeev Narula said while allowing the plea for medical termination of pregnancy.
Justice Narula said that the legislative intent was to provide a broad spectrum of support to women facing any material changes in their circumstances, not just those explicitly mentioned in the rules and the changes in petitioner’s circumstances – such as the abandonment by a spouse and a live-in partner – has significantly altered her capacity to support and nurture a child.
Law rightly categorizes her among those women entitled to seek a medical termination of pregnancy even beyond 20-week threshold: HC
“The Petitioner, having been deserted by her husband and left unsupported by her live-in partner, now faces considerable financial constraints that undermine her ability to raise another child. Given these circumstances, the law rightly categorizes her among those women who are entitled to seek a medical termination of pregnancy even beyond the 20-week threshold, up to 24 weeks. This intent of the MTP Act and Rules, as interpreted by the Supreme Court, accommodates the profound impact of such life changes on a woman’s ability to sustain a pregnancy, thereby upholding her reproductive rights under altered personal conditions,” the High Court said.
MTP Act a welfare legislation, aimed at providing reproductive autonomy to women inextricably linked to bodily autonomy, right to live a dignified life: HC
The High Court further said that the MTP Act is a welfare legislation, aimed at providing reproductive autonomy to women which is inextricably linked to bodily autonomy and the right to live a dignified life enshrined under Article 21 of the Constitution and the decisional autonomy or the right of a person to make self-determined choices is also recognised as an integral art of the right of privacy. The plea of the petitioner is also rooted in her fundamental rights under Article 21 of the Indian Constitution, which guarantees personal liberty, it added.
A pregnant woman’s bodily autonomy, right of self-determination an intrinsic part of her fundamental rights: High Court
“This liberty encompasses the right to make reproductive choices, including the termination of pregnancy under conditions that pose a risk to the woman’s mental health and well-being. The Supreme Court of India has affirmed these rights, emphasizing the importance of considering the woman’s current health, her life’s conditions, and her future well-being while making such decisions. Therefore, it is clear that a pregnant woman’s bodily autonomy and right of self-determination is an intrinsic part of her fundamental rights enshrined under Article 21 of the Constitution,” Justice Narula said, adding that the continuation of the ongoing pregnancy of the petitioner woman poses a risk to her mental well-being considering the reasonably foreseeable environment for both the petitioner and the unborn child.
