Delhi High Court Upholds Women's Right to Abortion Amidst Marital Discord

Court Ruling on Women's Autonomy in Pregnancy Decisions

The Delhi High Court has ruled that compelling a woman to carry on with a pregnancy infringes upon her bodily autonomy and can negatively impact her mental well-being.

This decision was made on Tuesday in response to a case where a man sued his estranged wife for terminating her pregnancy at 14 weeks.

Justice Neena Bansal Krishna emphasized the importance of a woman's right to choose an abortion, particularly in situations of marital conflict, stating that the wife in question should not be considered guilty under Section 312 of the Indian Penal Code, which addresses miscarriage.

Notably, the Indian Penal Code was superseded by the Bharatiya Nyaya Sanhita in July 2024.

The court highlighted that personal autonomy includes the freedom to make reproductive choices, which is a fundamental right for all women.

It further clarified that the Medical Termination of Pregnancy Act does not mandate a woman to seek her husband's approval for ending a pregnancy.

According to the court, forcing a woman to continue a pregnancy against her will constitutes a violation of her bodily integrity and exacerbates her mental distress, which can be detrimental to her mental health.

The ruling also acknowledged the various social and financial implications of an unwanted pregnancy, which can lead to serious consequences for a woman.

“It undoubtedly affects mental health,” the court concluded.