Trademark Pirates Face Legal Wrath: Delhi HC Enforces Radio Mirchi’s IP Rights Swiftly Madras High Court Upholds Extended Adjudication Period Under Customs Act Amid Allegations of Systemic Lapses Disputes Over Religious Office Will Be Consolidated for Efficient Adjudication, Holds Karnataka High Court Motive Alone, Without Corroborative Evidence, Insufficient for Conviction : High Court Acquits Accused in 1993 Murder Case Himachal Pradesh HC Criticizes State for Delays: Orders Timely Action on Employee Grievances Calls for Pragmatic Approach to Desertion and Cruelty in Divorce Cases: Calcutta High Court Orders Fresh Trial Juvenile Tried as Adult: Bombay High Court Validates JJB Decision, Modifies Sentence to 7 Years Retrospective Application of Amended Rules for Redeployment Declared Invalid: Orissa High Court NDPS Act Leaves No Room for Leniency: HC Requires Substantial Proof of Innocence for Bail No Protection Without Performance: MP High Court Denies Relief Under Section 53A of Transfer of Property Act Delays in processing applications for premature release cannot deprive convicts of interim relief: Karnataka High Court Grants 90-Day Parole Listing All Appeals Arising From A Common Judgment Before The Same Bench Avoids Contradictory Rulings: Full Bench of the Patna High Court. Age Claims in Borderline Cases Demand Scrutiny: Madhya Pradesh HC on Juvenile Justice Act Bishop Garden Not Available for Partition Due to Legal Quietus on Declaration Suit: Madras High Court Exclusion of Certain Heirs Alone Does Not Make a Will Suspicious: Kerala High Court Upholds Validity of Will Proof of Delivery Was Never Requested, Nor Was it a Payment Precondition: Delhi High Court Held Courier Firm Entitled to Payment Despite Non-Delivery Allegations Widowed Daughter Eligible for Compassionate Appointment under BSNL Scheme: Allahabad High Court Brutality of an Offence Does Not Dispense With Legal Proof: Supreme Court Overturns Life Imprisonment of Two Accused Marumakkathayam Law | Partition Is An Act By Which The Nature Of The Property Is Changed, Reflecting An Alteration In Ownership: Supreme Court Motor Accident Claim | Compensation Must Aim To Restore, As Far As Possible, What Has Been Irretrievably Lost: Supreme Court Awards Rs. 1.02 Crore Personal Criticism Of Judges Or Recording Findings On Their Conduct In Judgments Must Be Avoided: Supreme Court Efficiency In Arbitral Proceedings Is Integral To Effective Dispute Resolution. Courts Must Ensure That Arbitral Processes Reach Their Logical End: Supreme Court Onus Lies On The Propounder To Remove All Suspicious Circumstances Surrounding A Will To The Satisfaction Of The Court: Calcutta High Court Deeds of Gift Not Governed by Section 22-B of Registration Act: Andhra Pradesh High Court Testimony Of  Injured Witness Carries A Built-In Guarantee Of Truthfulness: Himachal Pradesh High Court Upholds Conviction for Attempted Murder POCSO | Conviction Cannot Be Sustained Without Conclusive Proof Of Minority - Burden Lies On The Prosecution: Telangana High Court Credible Eyewitness Account, Supported By Forensic Corroboration, Creates An Unassailable Chain Of Proof That Withstands Scrutiny: Punjab and Haryana High Court Jammu & Kashmir High Court Grants Bail to Schizophrenic Mother Accused of Murdering Infant Son

Psychological Health Crucial in Abortion Decisions: Bombay High Court in 25-Week Pregnancy Termination Case

07 May 2024 8:19 AM

By: Admin


The Bombay High Court has granted permission for the termination of a 25-week pregnancy, emphasizing the significant psychological injury that the petitioner would face if the pregnancy were to continue. The court’s decision underscores the importance of reproductive autonomy and mental health under Article 21 of the Constitution of India, even in cases of advanced pregnancy.

In the case of X.Y.Z. v. The Dean of B.J. Government Medical College and Sassoon Hospital, Pune & Others, the petitioner, a 19-year-old woman from a lower-income group, sought permission for medical termination of her 25-week pregnancy, citing grave psychological injury and social stigma. The case was heard by a bench comprising Justices N.R. Borkar and Somasekhar Sundaresan.

The petition was filed on 27th May 2024, and the court expedited the hearing, obtaining a detailed report from the Medical Board of B.J. Government Medical College and Sassoon Hospital, Pune. The Medical Board confirmed the risk of grave psychological injury to the petitioner if the pregnancy continued and stated that the petitioner was physically fit for the procedure.

Psychological Health as a Determinant: The court placed significant emphasis on the Medical Board’s assessment, which highlighted the psychological risks involved. “Considering the woman’s current psychological status, sociocultural and economic conditions, continuation of pregnancy can lead to grave psychological injury,” noted the Medical Board.

Reproductive Autonomy: The court reaffirmed the petitioner’s right to reproductive autonomy. “The choice exercised by a pregnant person is not merely about their reproductive freedom but also about their agency as recognized by this court,” observed Justice Sundaresan, citing precedents set by the Supreme Court.

Consent and Legal Framework: The judgment reiterated that the consent of the pregnant woman is paramount, as enshrined in Section 3(4)(b) of the Medical Termination of Pregnancy Act, 1971 (MTP Act). The court stated, “The views of her parents or partner are not relevant in terms of the law declared by the Hon’ble Supreme Court,” thereby respecting the petitioner’s autonomy.

Legal Reasoning: The court meticulously evaluated the legal principles surrounding the termination of pregnancy. It drew upon the provisions of the MTP Act and recent Supreme Court rulings that prioritize the mental and physical health of the pregnant woman over other considerations.

Addressing the Risk to Mental Health: The court observed that Section 3(2)(b)(i) of the MTP Act allows for the termination of pregnancy if it poses a grave injury to the woman’s mental health. “It is the psychological status of the Petitioner that lies at the heart of the matter,” stated the court, recognizing the severe impact that continuing the pregnancy would have on the petitioner’s mental well-being.

Citing the Supreme Court judgment in the case of A (Mother of X) Vs. State of Maharashtra and Anr., the court underscored that reproductive decisions are deeply personal and must be made by the pregnant person without interference. This principle was pivotal in affirming the petitioner’s right to terminate the pregnancy based on psychological grounds.

Justice Sundaresan remarked, “The right to make reproductive choices is a facet of Article 21 of the Constitution. Further, the consent of the pregnant person in matters of reproductive choices and abortion is paramount.” This statement reflects the court’s commitment to upholding constitutional rights related to bodily autonomy and privacy.

The Bombay High Court’s judgment in favor of the petitioner sets a significant precedent in recognizing psychological health as a critical factor in abortion cases. By upholding the petitioner’s reproductive rights and granting permission for the termination of a 25-week pregnancy, the court has reinforced the legal framework that prioritizes the mental and physical health of pregnant women. This decision is expected to influence future cases, emphasizing the importance of mental health and reproductive autonomy in judicial considerations.

Date of Decision: 30th May 2024

X.Y.Z. v. The Dean of B.J. Government Medical College and Sassoon Hospital, Pune & Others

 

Similar News