The Kerala High Court in a case titled X vs Union of India observed that the drastic changes in the matrimonial life of a pregnant woman fulfil the condition of 'change of her marital status in Rule 3B of the Medical Termination of Pregnancy (MTP) Rules, thus making her eligible to undergo medical termination of pregnancy up to 24 weeks. Only because the woman is not ‘legally divorced’, she cannot be asked to forego her right to choose whether to procreate or not? Further, it is a dimension of her personal liberty which can’t be denied to her in any circumstance.
The case, in brief, is that a 21-year-old approached the High Court seeking the termination of her pregnancy due to extreme mental pressure and stress caused to her by her husband and mother-in-law, who not only physically abused her for dowry but questions on the paternity of the child were also raised by the husband. Ultimately, she was forced to move back to her parents’ house but the stress, pressure and trauma of a married girl returning to her parents' house became unbearable for her, thus adversely affecting her mental health. Therefore, she approached a Family Planning Clinic to get her pregnancy terminated but it was refused because she was legally divorced, and also there was no proof of the atrocities by the husband.
Thereafter, she filed a complaint against her husband and mother-in-law but to no avail. Hence, she approached this Court by the way of a writ petition.
From the averments and the arguments, it came to the notice of the Court that the petitioner belongs to the weaker section of society and does not have the financial capacity
to bring up the child on her own. The records also reveal that the petitioner’s husband had
refused to accompany her to the hospital from the initial stages of her pregnancy. As such, the petitioner is denied emotional support also.
The Court referred to the contents of Rule 3B, detailing the category of women eligible for termination of pregnancy up to 24 weeks which includes marital status changed during the ongoing pregnancy (widowhood or divorce). In light of this, it was observed that “Indisputably, the petitioner's matrimonial life has completely changed during the pregnancy. She was allegedly ill-treated compelling her to leave the company of her husband and start residence at her parental house. Moreover, alleging cruelty meted by the 7th respondent and his mother, the petitioner has filed a criminal complaint. It is also pertinent to note that, even before this Court, the 7th respondent did not express any interest in taking back the petitioner. It is therefore to be considered whether, in spite of the above drastic changes in her matrimonial life, the petitioner could be denied permission for terminating her pregnancy, on the premise that she is not legally divorced and her marital status has therefore not changed.”
The Court also mentioned that no one can curtail a woman’s reproductive rights as they are a dimension of personal liberty and her right to privacy.
It also referred to a case titled High Court on its own Motion v. State of Maharashtra [(2016) SCC OnLine Bom 8426] wherein it was observed by the Court that “A woman’s decision to terminate a pregnancy is not a frivolous one. Abortion is often the only way out of a very difficult situation for a woman…….. These are decisions taken by responsible women who have few other options. They are women who would ideally have preferred to prevent an unwanted pregnancy, but were unable to do so. If a woman does not want to continue with the pregnancy, then forcing her to do so represents a violation of the woman’s bodily integrity and aggravates her mental trauma which would be deleterious to her mental health.”
The Court concluded by allowing the petitioner to terminate her pregnancy and also stated that the Medical Termination of Pregnancy Act does not contain any provision requiring the woman to obtain her husband's permission for terminating the pregnancy. The reason being that it is the woman who bears the stress and strain of the pregnancy and the delivery.