The Delhi High Court has held that compelling a woman to continue with an unwanted pregnancy infringes upon her bodily integrity and worsens her mental trauma, while discharging an estranged wife from a criminal case filed by her husband over the medical termination of her 14-week pregnancy.
Justice Neena Bansal Krishna observed that a woman’s decision to seek an abortion, particularly in cases of marital discord, falls squarely within her personal autonomy. The court ruled that the petitioner-wife could not be held liable under Section 312 of the Indian Penal Code, which deals with causing miscarriage.
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Emphasising women’s reproductive rights, the judge stated that freedom of choice is an essential aspect of personal liberty and that control over one’s reproductive decisions is a fundamental right and necessity for all women.
The court further noted that the Medical Termination of Pregnancy (MTP) Act does not mandate a pregnant woman to obtain her husband’s consent for terminating a pregnancy. It highlighted that the underlying objective of the legislation is to protect women from “grave injury” to both their physical and mental health.
The ruling reinforces the legal principle that a woman’s right to make decisions about her own body cannot be overridden, even within the bounds of marriage.
(This story is published from a syndicated feed)
