Court Permits Termination of 13-Week Pregnancy Without Husband's Consent
In a landmark judgment, the Madhya Pradesh High Court at Indore, presided over by Justice Sandeep N. Bhatt, has reaffirmed the right to reproductive autonomy as enshrined under Article 21 of the Indian Constitution. The Court granted permission to Urvashi Arya, the petitioner, to terminate her 13-week pregnancy without requiring the consent of her estranged husband. This decision aligns with the principles laid down by the Supreme Court in the case of X v. Principal Secretary, Health and Family, reported in 2023 (9) SCC 433, emphasizing that the decision to continue or terminate a pregnancy is solely the woman's prerogative.
Urvashi Arya, represented by Advocate Shri Govind Pal Singh Songara, sought the Court’s intervention due to a change in her marital status and the emotional and mental trauma associated with continuing the pregnancy. The petitioner is undergoing separation from her husband, Ajay Verma, and is currently residing at her parental home. Despite a mutual agreement for divorce in the presence of the police, her husband later showed reluctance to proceed with the divorce, leading to her decision to seek termination.
The Court's decision was based on the provisions of the Medical Termination of Pregnancy Act, 1971, particularly Section 3(2) and Rule 3B of the Medical Termination of Pregnancy Rules, 2003. These provisions allow for the termination of pregnancy up to 20 weeks under certain circumstances, including changes in marital status. The Court observed that compelling the petitioner to continue with the pregnancy would severely impact her mental and physical well-being, thus granting her petition for termination.
The judgment underscores the constitutional right of women to have autonomy over their bodies, free from state interference unless in exceptional circumstances. The State, represented by Ms. Pranjali Yajurvedi, did not object to the petition, further supporting the petitioner’s right to decide on her reproductive health.
The Court also directed that the medical practitioner conducting the termination must adhere to all necessary guidelines to ensure the petitioner’s safety and well-being. This decision not only upholds the rights of women but also sets a precedent for similar cases, reinforcing the legal framework that protects women's reproductive rights in India.
Bottom line:-
Right to reproductive autonomy is protected under Article 21 of the Constitution of India, and the decision to terminate a pregnancy is solely the woman's prerogative, without requiring the husband's consent.
Statutory provision(s): Article 21 of the Constitution of India, Medical Termination of Pregnancy Act, 1971 Section 3(2), Medical Termination of Pregnancy Rules, 2003 Rule 3B
Urvashi Arya v. State of M.P., (Madhya Pradesh)(Indore) : Law Finder Doc id # 2933911
