NEW DELHI: The Madhya Pradesh high court has allowed a woman to end her 13-week pregnancy. The court said her own consent was enough under the law, and that she did not legally need her estranged husband’s consent or even the court’s permission to go ahead with it.What was the issueThe petitioner had approached the high court seeking permission to end a pregnancy of about 13 weeks. She was married, and the couple had decided to get a divorce. The court was told that the husband and wife had earlier reached a compromise at a police station, linked to a separate criminal case, and had agreed to divorce at that time. But later, the husband backed out from the divorce decision.The petitioner said continuing the pregnancy would cause her mental trauma, insecurity, and could affect her mental and physical health. Her counsel argued that a court order wasn’t legally required, but the petition was filed as a safety measure, since the husband could later object to the termination.The court sent a notice to the husband, but no one came forward on his behalf, even though the notice had been delivered to him. The state’s counsel said there was no objection to granting permission, pointing to a Supreme Court ruling that says a woman can make her own decisions about her pregnancy without needing anyone else’s consent.What did the court sayJustice Sandeep N. Bhatt noted that the pregnancy was 13 weeks and 1 day at the time of filing, which was well within the 20-week limit allowed under the Medical Termination of Pregnancy Act, 1971. This meant a registered doctor could have carried out the termination even without a court order.The court relied on a 2023 Supreme Court ruling, which held that “it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion.” The same ruling also said reproductive rights include “the right to access safe and legal abortions,” adding that “women must also have the autonomy to make decisions concerning these rights, free from coercion or violence.“It also pointed to a Kerala high court ruling, which had said the law does not require a woman to take her husband’s permission before undergoing a termination.The court noted that the woman was seeking to end her marriage, and that since the pregnancy wasn’t linked to any criminal case, the extra safeguards meant for such cases didn’t apply here.“Considering the Article 21 of the Constitution of India and the judgment of Hon’ble Courts, I am of the view that on any count, the permission is required to be granted. However, it is expected that the concerned Doctor, who will perform the process of termination of pregnancy, will take necessary precaution as indicated in the guidelines issued by the Ministry of Health as well as the guidelines issued by various judgments of the high courts and the apex court for performing such process,” the court said.The court allowed the petition and gave the woman permission to go ahead with the termination.
