Forcing a woman to continue with her pregnancy violates her bodily integrity and aggravates mental trauma, the Delhi High Court said while discharging an estranged wife in a criminal case filed by her husband for medically terminating her 14-week foetus.
Access to abortion, foetal viability, and the laws thereof: women are caught in the crossfire
Underscoring a woman's autonomy to seek abortion in case of marital discord, Justice Neena Bansal Krishna said the petitioner-wife could not be said to have committed an offence under Section 312 (causing miscarriage) of IPC in this case.
The judge observed that freedom of choice was a facet of personal autonomy and control over reproduction was a basic need and right of all women.
The court noted the Medical Termination of Pregnancy Act (MTP Act) did not require a pregnant woman to obtain the husband's permission for termination of pregnancy, and the "golden thread" running through the enactment was the concern for "grave injury" to a woman's physical as well as mental health.
