A woman cannot be forced to give birth to a child - Bombay HC

Case: Pundlik Yevatkar vs Ujwala @ Shubhangi Yevatkar

Court: Justices Atul Chandurkar and Urmila Joshi-Phalke 

The Bombay High Court recently held that a woman cannot be forced to give birth to a child as the right to reproductive choice is an inseparable part of her liberty under Article 21 of the Constitution.

In a divorce petition, the petitioner's husband argued that the termination of pregnancy by his wife without his consent amounted to cruelty, however, the court noted that her conduct indicated her willingness to take responsibility for the child. Nevertheless, the continuation of pregnancy was her choice, the bench said.

Petitioner-husband alleged that his wife has insisted on working since they got married in 2001, further terminating her pregnancy and subjecting him to cruelty. He further said that in 2004, she left their matrimonial home with their son and therefore deserted him as well. Hence, the petitioner sought divorce on grounds of cruelty and desertion.

The respondent, however, argued that giving birth to her first child was an indication of her acceptance of motherhood. Her second pregnancy was terminated due to sickness, and her husband did not make any attempt to bring her back after she left due to his family suspecting her chastity.

The Court noted that while neither party provided evidence to support their claims concerning termination of pregnancy, since the woman had already delivered a child, it couldn't be said that she was reluctant to become a mother. The bench further said that even if considering the petitioner's allegations, the woman could not be accused of cruelty for making a reproductive choice.

Further, it found the allegations about his wife were vague and therefore, dismissed the petition.