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Delhi HC: Forced Pregnancy Violates Bodily Integrity
8 Jan
Summary
- Forcing pregnancy violates a woman's bodily integrity and mental health.
- Husband's permission is not required for pregnancy termination.
- The court emphasized a woman's autonomy in cases of marital discord.
The Delhi High Court recently declared that compelling a woman to continue a pregnancy infringes upon her bodily integrity and can exacerbate mental anguish. The court provided a clean chit to a woman who opted for a medical termination of her 14-week-old fetus, despite her estranged husband's objections and his subsequent criminal complaint against her.
Justice Neena Bansal Krishna stated that the wife could not be held liable under Section 312 of the Indian Penal Code for causing a miscarriage. The court highlighted that the Medical Termination of Pregnancy Act does not necessitate spousal consent for abortion, emphasizing the paramount concern for a woman's grave injury, both physical and mental.
Recognizing the potential burdens of an unwanted pregnancy, the court noted that women often face social and financial challenges alone. It asserted that pregnancy, especially when unwanted, can lead to severe mental trauma and significant repercussions, with women frequently bearing the sole responsibility for child-rearing without support.
