BOMBAY HC GRANTS PERMISSION TO ABORT 23-WEEK OLD PREGNANCY TO A WOMAN WHO INITIATED DIVORCE AFTER SUFFERING DOMESTIC VIOLENCE

The Bench of Justices Ujjal Bhuyan and Madhav J Jamdar of Bombay HC granted a petitioner to undergo medical termination of her 23rd-week old pregnancy. The bench held that after considering the mental health of the petitioner who chose to abort the child after she faced domestic violence. Now initiated divorce against the husband after he refused to take the burden of the child and has no source of income. 

'"Declining permission to the petitioner will coerce her to continue with her pregnancy which will not only become burdensome but may cause grave injury to her mental health". "Mental health is more than just the absence of mental disorders or illness. Mental health is a state during which a private realizes her potential to deal with the traditional stresses of life, her work productively and having the ability to contribute to the community.".

The bench observed that as per sec Section 3(2)(b)(i) of the Medical Termination of Pregnancy Act, pregnancies between 20 - 24 weeks can be terminated if two registered medical practitioners believe that the continuance of the pregnancy would risk the life of the pregnant woman or cause grave injury to her physical or mental health. Here the HC noted that the Legislature has consciously used the expression ‘mental health’ and not 'mental illness. 

Author: Papiha Ghoshal