The Bombay High Court granted permission to a 19-year-old woman to terminate her 25-week pregnancy, citing “grave psychological effects” and “social stigma” as grounds for her request.
A division bench consisting of Justices Somasekhar Sundaresan and NR Borkar emphasized that “her sovereign entitlement to make an autonomous choice about her body and to exercise it in the form of opting for medical termination lends itself to acceptance.”
Grounds for Termination
The woman, from a lower income group, sought a termination at 25 weeks, citing psychological effects and social stigma. Medical reports showed no fetal abnormalities, but the bench noted her emotional and mental health weren’t considered.
The medical board of Sassoon Hospital examined the petitioner, provided counseling, and submitted a report to the court, stating that “considering the woman’s current psychological status, sociocultural, and economic conditions, continuation of pregnancy can lead to grave psychological injury.”
Court’s Evaluation
The court observed that the report concluded she would suffer “grave psychological injury if the pregnancy is continued.”
“After careful consideration of the record and our interaction with the petitioner, we are of the opinion that she is indeed fully aware of the fetus having a heartbeat and is also firmly desirous of terminating the pregnancy after being made well aware of the procedure to be adopted,” the court affirmed.
Regarding the suggestion that her partner should have a say in the decision, the bench clarified, “We are satisfied that the law declared by the Supreme Court renders the partner as not being a stakeholder in the choice of exercise of reproductive right by the pregnant person.” The HC bench stated that they were persuaded to permit medical termination of the woman’s pregnancy by applying the guidelines of the Supreme Court.
“Consequently, we permit the petitioner to undergo the termination procedure at the Sassoon Hospital, Pune at the earliest, and if possible, immediately today, May 30, 2024,” the court concluded.
