Judgement By Bombay High Court Related To Unwanted Pregnancy

The Bombay High Court, endorsing the right of a woman to “lead a life of her choice” has extended the scope of the Medical Termination of Pregnancy Act to the “mental health” of a woman and declared that women should be allowed to opt out of an unwanted pregnancy irrespective of the reason.

A division Tribunal of Justice VK Tahilramani and Mridula Bhatkar yesterday announced the benefits of acts must be extended to not just married woman but also to those women who stay with their partners as married couples in live in relationships.

Though the Act in women’s interest allowed them to undergo abortion in less than 12 weeks, with the approval of two medical practitioners in cases where the pregnancy posed a risk to the health of a woman or to the foetus, but now, a woman must be allowed to undergo abortion during the same timelines even if there is no risk to her physical health as stated by Economic Times.

Pregnancy not only affects the body of a woman but also has a serious impact on her health, mental well being and life. Thus it should be her decision whether she wants to deal with pregnancy or not.

“This right emerges from her right to live with dignity as a human being in society and protected as a fundamental right under Article 21 of the Constitution,” the judges stated.

The bench also passed certain directions to make it easier for women prisoners to access health facilities, including the right to medical termination of pregnancy.

How far do you agree with the recent changes in the act? How much difference does this law makes in a society which is already governed by so many social stigmas?

[The Indian abortion laws falls under the Medical Termination of Pregnancy (MTP) Act, which was enacted by the Indian Parliament with the intention of reducing the incidence of illegal abortion and consequent maternal mortality and morbidity. The Medical Termination of Pregnancy (MTP) Act of India clearly states the conditions under which a pregnancy can be ended or aborted, the persons who are qualified to conduct the abortion and the place of implementation.]