Mumbai: The Bombay high court has allowed a 26-year-old unwed woman to terminate her 22-week pregnancy that was a result of a consensual relationship.
The division bench of justice SV Gangapurwala and justice Madhav Jamdar allowed the working woman to undergo medical termination of her unwanted pregnancy primarily in view of the opinion of the medical board which examined her.
The board concurred with the psychiatrist’s view that the woman being unmarried, her pregnancy though a result of a consensual sexual relationship, may be presumed to constitute a grave injury to her mental health.
The woman, a resident of Juinagar in Navi Mumbai, had moved the high court in the first week of August, invoking provisions of the Medical Termination of Pregnancy Act, 1973 to seek medical termination of her unwanted pregnancy. She had moved HC as her pregnancy had crossed the permissible limit of 20-week gestation under the Act.
In her petition, the 26-year-old stated that she is a working woman and hers was a case of pregnancy arising out of the failure of contraceptives and had sought permission to get the unwanted pregnancy terminated.
She asserted that it would be extremely difficult for her to carry the pregnancy to its full term because of the social stigma associated with unwed mothers and claimed that it will cause great mental anguish to her. Besides, she said it will not be possible for her to receive any support from her family as it is not financially sound.
Acting on her petition, the court had on August 12, directed the JJ Hospital medical board to examine the petitioner and submit a report. Accordingly, the board submitted its report to the court on August 23, stating that no congenital anomaly was found in the foetus.
The committee had, however, concurred with the view of the psychiatrist, who opined that the continuation of the pregnancy may be presumed to constitute a grave mental injury to the petitioner, she being an unwed woman. HC accepted the opinion and allowed the woman to undergo MTP.
The woman has also challenged the constitutional validity of section 3(2)(b) of the MTP Act, 1973 on the ground of being violative of Articles 14 and 21 of the Constitution of India. For considering the challenge, the court has now posted the matter for further hearing on November 16.