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Her willingness, consent all that matters: HC on Punjab woman's plea for abortion
Her willingness, consent all that matters: HC on Punjab woman's plea for abortion
Chandigarh, It is the willingness and consent of a married woman that is all that matters, the Punjab and Haryana High Court has observed, while allowing a petitioner to undergo abortion without her husband's consent.
The direction came on a plea moved by the 21-year-old petitioner from Punjab, seeking permission to terminate her pregnancy in its second trimester.
The petitioner had submitted that she got married on May 2, 2025 and had a turbulent relationship with her husband.
In the previous hearing, the court had issued directions to the Post Graduate Institute of Medical Education and Research to constitute a medical board to examine the petitioner.
According to the medical report, the woman was medically fit to undergo MTP .
According to the December 23 report, there is a single live intra-uterine foetus with a gestational age of 16 weeks and a day, with no congenital malformation.
"Patient has symptoms of depression and anxiety for the last six months, has been undergoing treatment with minimal improvement. She is severely distressed about her pregnancy amidst divorce proceedings. It is recommended that she continues to undergo her psychiatric treatment and counselling. She is psychologically fit to consent," the report of the medical board said.
A bench of justice Suvir Sehgal said it is evident from the report that according to experts, the petitioner is in a fit medical condition for the termination of her pregnancy.
The sole question that requires to be considered is whether her estranged husband's consent is required before such termination, the court observed.
The Medical Termination of Pregnancy Act, 1971, does not provide for an express or implied consent of the husband, it pointed out.
"A married lady is the best judge to evaluate as to whether she intends to continue with pregnancy or get it aborted. Her willingness and consent is all that matters," the court noted.
It said according to the medical report, the gestation period of a foetus is less than 20 weeks and falls within the maximum period prescribed under the Act.
"This court, therefore, does not find any obstacle in permitting the petitioner to undergo abortion. In view of the above, it is directed that petitioner is eligible to get the pregnancy terminated from respondent No.2 PGIMER or any other authorised hospital," the order passed on December 24 said.
"Let the petitioner, within the next one week, get the medical termination of pregnancy from PGIMER, Chandigarh, or any other authorised hospital, which must take due care and precaution while conducting the procedure," the court added while disposing of the plea.
This article was generated from an automated news agency feed without modifications to text.
