THE BOMBAY High Court on Tuesday allowed a 26-year-old unmarried woman to terminate her 22-week pregnancy.
Maintaining that it would affect her mental health if she continues with the pregnancy, the petitioner had told the HC that she was a working woman and experienced an unwanted pregnancy resulting from the failure of contraception devices in a consensual relationship.
A medical board appointed by the court had opined that the pregnancy is a result of consensual sexual relationship and continuation of the same may constitute grave injury to the woman’s mental health.
Advocate Aditi Saxena, appearing for the petitioner, told Justice Sanjay V Gangapurwala and Justice Madhav J Jamdar that it would be extremely difficult for her client to carry the pregnancy to full term with the social stigma of being an unwed mother. “It will cause great mental anguish. It will not be possible for her to receive support from her family and is not financially sound,” Saxena added.
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On August 12, the HC had referred the case to a medical board constituted by the dean of the state-run J J hospital to examine the woman and assess her mental health.
Referring to past Supreme Court and HC decisions, along with the medical board’s opinion, the HC allowed the woman to terminate the pregnancy at a government-recognised centre.
It also issued a notice to the authorities seeking response to the woman plea challenging the constitutional validity of Section 3 (2) (b) of Medical Termination of Pregnancy Act, which restricts the termination of a pregnancy not exceeding 20 weeks on the ground of risk to the life of the woman or the child.
The HC will hear the case next on November 16.
Source: https://indianexpress.com/article/cities/mumbai/bombay-hc-unmarried-woman-terminate-pregnancy-mental-health-8107841/
