High Court Dismisses Writ Petition Seeking Medical Termination of Pregnancy on Grounds of Strained Relationship

In a recent judgment, the High Court of Chhattisgarh at Bilaspur dismissed a writ petition (WPC No. 2768 of 2023) seeking permission for medical termination of pregnancy. The petitioner, a married woman aged about 29 years, had approached the court requesting the termination of her pregnancy. However, the court, presided over by Hon'ble Shri Justice P. Sam Koshy, ruled that the grounds presented by the petitioner, which primarily involved strained relationship issues, did not fall under the permissible grounds specified in Section 3(2)(a)(b) of the Medical Termination of Pregnancy Act, 1971.

The court noted that the petitioner had conceived from her husband, as acknowledged in the pleadings of the writ petition and supported by the marriage certificate enclosed as evidence. The judgment highlighted that the petitioner did not claim any sex crime committed against her without her consent or knowledge.

Referring to Section 3(2)(a)(b) of the Medical Termination of Pregnancy Act, 1971, the court emphasized that the continuation of the pregnancy could be terminated if there was a risk to the life of the pregnant woman or if there was a substantial risk that the child would be born with severe physical or mental abnormalities. The court further pointed out that strained relationships or issues arising in a marriage were not valid grounds for seeking permission for medical termination of pregnancy under the Act.

Justice P. Sam Koshy observed that allowing such petitions on the grounds presented in this case would undermine the purpose and objectives of the Medical Termination of Pregnancy Act, 1971. The judgment reaffirmed that in India, abortion is considered a crime, and medical practitioners are only authorized to perform abortions in situations where there is a serious risk to the life, physical health, or mental health of the pregnant woman, or if there is a substantial risk of severe deformities or diseases to the unborn child.

High  court dismissed the writ petition, stating that the petitioner failed to establish grounds that would warrant the grant of permission for medical termination of pregnancy. The judgment serves as a reminder of the limited circumstances under which abortion is permissible in India and the importance of adhering to the provisions outlined in the Medical Termination of Pregnancy Act, 1971.

Date of Decision: 22/06/2023

Xyz Nil  vs State Of Chhattisgarh

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