close_game
close_game

Consider abortion plea of unwed woman in relationship: Bombay HC to JJ hospital

Oct 08, 2024 09:05 AM IST

The Bombay High Court ordered JJ Hospital to evaluate a 23-year-old's request to terminate her pregnancy, highlighting gaps in the MTP Act for unmarried women

MUMBAI: The Bombay high court on Monday directed JJ Hospital to consider the case of a 23-year-old unmarried woman in a consensual relationship who wished to terminate her unwanted pregnancy, after examining her mental and physical health.

The Bombay high court on Monday directed JJ Hospital to consider the case of a 23-year-old unmarried woman in a consensual relationship who wished to terminate her unwanted pregnancy. Representational Image(Unsplash)
The Bombay high court on Monday directed JJ Hospital to consider the case of a 23-year-old unmarried woman in a consensual relationship who wished to terminate her unwanted pregnancy. Representational Image(Unsplash)

A bench comprising Justice Sarang Kotwal and Justice Neela Gokhale was hearing a plea by the woman whose request for termination of an unwanted pregnancy was turned down by JJ Hospital because she did not fall under any of the categories mentioned in forms required to be filled by doctors before the procedure. The 23-year-old had sought the medical termination of a pregnancy that arose out of a consensual relationship which had now come to an end.

The Medical Termination of Pregnancy (MTP) Act, 1971, provides for termination of pregnancy up to 24 weeks in certain cases for married women, rape survivors and so on. However, the categories do not cover cases of unmarried women in consensual relationships, which means that these women who are unable to carry their pregnancy to the full term are not allowed to terminate it.

The Supreme Court, in a 2022 ruling, held that the facility to terminate a pregnancy was to be made available to all women irrespective of their marital status. The court observed that by not including unmarried pregnant women in consensual relationships under the MTP Act, they were being unfairly denied access to MTP facilities. However, even after the ruling, no subsequent changes were made in the procedures and the paperwork required to be filled by doctors under the MTP Act.

The 23-year-old petitioner was turned down by JJ Hospital doctors, claiming that the category of unmarried women was not covered in the paperwork that they needed to complete. The refusal prompted the woman to petition the high court through Advocate Meenaz Kakalia.

Kakalia submitted that the 23-year-old was refused the facility of termination on the ground that she did not fall under any of the categories in which the law allowed the termination of a pregnancy although the judgment of the Supreme Court had paved the way for MTP for unmarried women in a consensual relationship. The advocate said that the JJ doctors stated that the forms required to be filled under the MTP Act did not reflect this change.

Additional government pleader M P Thakur, appearing on behalf of the state, however contended that the Supreme Court judgement only applied in cases where a woman underwent a material change in circumstances, ie if she was a divorcee or a widow. Hence, the present petitioner did not fall in the ambit of the judgement, she said.

The high court observed that the ruling of the Supreme Court was very clear: that all women, whether married or unmarried, were to be given equal access to the facilities for a pregnancy termination. The court then directed JJ Hospital doctors to consider terminating the 23-year-old’s pregnancy after evaluating her physical and mental condition.

The court also directed the central and state governments to consider adding the category ‘unmarried woman’ to the paperwork required to be filled by doctors in MTP cases.

Catch every big hit,...
See more
Catch every big hit, every wicket with Crickit, a one stop destination for Live Scores, Match Stats, Infographics & much more. Explore now!

Stay updated with all the Breaking News and Latest News from Mumbai. Click here for comprehensive coverage of top Cities including Bengaluru, Delhi, Hyderabad, and more across India along with Stay informed on the latest happenings in World News.
SHARE THIS ARTICLE ON
SHARE
Story Saved
Live Score
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Sunday, November 10, 2024
Start 14 Days Free Trial Subscribe Now
Follow Us On
// // //