HC rejects unwed woman’s plea to terminate advanced pregnancy: A practical reader guide

HC rejects unwed woman's plea to terminate advanced pregnancy: A practical reader guide

MUMBAI: The Bombay High Court on Tuesday rejected a petition by a 24-year-old unmarried woman seeking permission to terminate her unwanted pregnancy, which was in its 29th week.

The court directed a medical board at Grant Government Medical College and Sir JJ Group of Hospitals to examine her and submit a report. However, the woman’s lawyer, Meenaz Kakalia, urged the court to overrule the medical board’s opinion. Kakalia also cited a Supreme Court judgement recognising a woman’s right to bodily integrity as an important facet of her right to privacy.

The woman approached the court on October 29, after her pregnancy had crossed the 24-week limit prescribed under the Medical Termination of Pregnancy (MTP) Act. She argued that the petitioner was a 24-year-old unmarried woman, and carrying the pregnancy to its full term would have grave and far-reaching consequences on her mental and emotional well-being, financial security, livelihood and future.

Rejecting the woman’s petition, the court also considered the fact that the state authorities were willing to extend all support if the woman wanted to give the child up for adoption.

The bench, however, said that the apex court ruling cannot extend beyond the statutory framework and that its applicability must be examined on the facts and circumstances of each case.