Bombay HC allows 31-yr-old woman to terminate her 25-week pregnancy
The Bombay High Court has permitted a 31-year-old woman to terminate her 25-week pregnancy from a consensual relationship after her partner refused her support. The court said she could get the procedure done at a hospital of her choice.
Observing that the petitioner was 'left in lurch by her own circumstances as well as refusal of her partner to offer support or assistance to her in any manner, despite being an active participant in bringing about the present situation', the court said the petitioner was 'naturally apprehensive about social stigma and facing her own parents, who may not be supportive in the circumstances'.
The HC also asked her ex-partner to give Rs 1 lakh to the petitioner for her medical expenses in addition to legal expenses and accompany her to the hospital, if she so desired and remain with her during the procedure.
A division bench of Justices Revati Mohite-Dere and Neela K Gokhale on June 19 passed an order on the plea by the woman unwilling to continue with the pregnancy.
The petitioner woman had submitted that she was in a consensual relationship with her partner and the pregnancy occurred due to failure of a contraceptive device. She also submitted that she was no longer in the said relationship.
On June 13, the HC had directed the medical board of state-run JJ Hospital to examine the petitioner. The expert who conducted her psychiatric evaluation found that the petitioner had a history of sadness and stress due to financial constraints and inter-personal conflicts along with a history of alcohol consumption and smoking. The Board unanimously found her fit to undergo the procedure under the Medical Termination of Pregnancy (MTP) Act.
The petitioner, through advocate Nikita Raje, sought termination of her pregnancy and argued that she has no financial or emotional support to carry the pregnancy to its full term. The continuation of the same would hamper her mental health due to anguish of her situation, Raje added.
The petitioner also informed the court that she had quit her job a few months ago and today, instead of looking for a new job, she was required to run from pillar to post to consult doctors to terminate her pregnancy.
The HC noted that as per the report, the petitioner has a history of illness and her parents/family was not aware of the pregnancy. As per petitioner, if her parents learn about the same, they would not accept it, 'leaving her in a complete lurch to fend for herself'.
After interacting with the petitioner in the chamber, the judges noted that she appeared to be 'extremely disturbed, having to face these challenges'.
The bench noted that petitioner had made 'conscious decision to terminate pregnancy' and the judges ascertained that she made the 'choice of her own free will'.
The HC considered past Supreme Court verdicts, petitioner's right to reproductive freedom and bodily autonomy, findings of the medical board related to her psychological condition.
'We are satisfied that continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the petitioner. Hence, in the peculiar facts of this case, we permit the petitioner to medically terminate the pregnancy,' the court held and allowed the woman's plea.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Indian Express
30 minutes ago
- New Indian Express
Staff shortage endangers risky raids by food safety officials in Coimbatore
COIMBATORE: Space and even staff crunch is hampering the operations of the field-level food safety officials (FSOs) of the Food Safety Department in Coimbatore district. Several officers even fear for their safety as they carry out raids alone. Many officials working at the block and municipality levels lack adequate office space and material assistance for safely storing their samples and files. Many claim they are being pressured to meet monthly targets on seizing tobacco products and are apprehensive of their personal safety. An FSO from Coimbatore rural district explained the 'monthly target' for tobacco seizures, stating that they are required to complete four raids each month. Since 2023, these raids against tobacco products have been conducted with the support of the police in Coimbatore. For a first offence, a shop may be sealed for 15 days. A second offense can result in a fine of Rs 50,000 and a one-month sealing, while a third offence may lead to a fine of Rs 1 lakh, a three-month sealing, and the suspension of the food safety licence. "We (one officer) cannot represent the entire department's duties in a particular block. Most traders involved in illegal activities are violent. We cannot manage the situations individually. We can manage during the raids with police support, but it becomes dangerous when we conduct individual raids. The department insists that every FSO should carry out two joint and individual raids against the sale of banned tobacco products each month. If we fail to do so, we must provide explanations. This practice should be abolished across the state," said the FSO. There are approximately 390 food safety officers across the state, with 23 officers working in Coimbatore. Their responsibilities include ensuring that food businesses comply with food safety regulations and standards. "We inspect food premises, collect samples, investigate complaints, and take action against violations, ultimately protecting public health by preventing food-borne illnesses.
New Indian Express
an hour ago
- New Indian Express
Avinashi government hospital awaits a trauma centre, critical care takes a toll
TIRUPPUR: Even as the number of patients relying on the Avinashi Government Hospital in Tiruppur district rises, the lack of a trauma centre prevents effective and timely treatment of patients brought in with severe injuries. Social activists have decided to approach the court demanding its establishment as neither the government nor public representatives have made any effort in this direction so far. An RTI query reveals the number of people coming for treatment at the hospital is over 2 lakh annually. Accident cases abound as the fast-growing place lies along the Salem-Kochi national highway. A senior health department official told the TNIE any plan to set up a trauma centre here may get delayed as the same facility is being set up in the Palladam Government Hospital at a cost of Rs 4 crore. In fact, social activists and the public have been demanding the establishment of a trauma centre in Avinashi for over 10 years. GV Ravikumar, a social activist, said, "Avinashi assembly constituency has a population of around five lakh. A large number of workers from other states stay and work in private industries in Avinashi. The only one government hospital here has not been upgraded for a long time. We have been demanding the establishment of a trauma centre at the Avinashi GH as accidents occur frequently on the nearby highway." The government is not taking any action on our demand. None of the people's representatives, including Nilgiris MP A Raja and Avinashi MLA P Dhanapal, have taken note. We will approach the court seeking a remedy, he alleged. (Ravikumar is founder of Nallathu Nanbargal Trust, an NGO engaged in civic welfare.)
Hindustan Times
3 hours ago
- Hindustan Times
Gurugram sex ratio improves after March slump
After a steep decline in the sex ratio earlier this year, Gurugram has shown signs of recovery with the figure crossing the 900 mark for the first time in 2025. According to the district health department, the sex ratio in May stood at 917 girls per 1,000 boys — a marked improvement from 751 in March, which had sparked alarm across the administration, officials said. Gurugram sex ratio improves after March slump Health department officials attributed the turnaround to intensified inspections, legal action, and awareness campaigns aimed at curbing gender-based sex selection. 'The declining sex ratio was a matter of serious concern. We intensified our inspections, especially after the March data. After taking action, the figures rose in April and May,' said Dr Alka Singh, chief medical officer, Gurugram. Official records show the monthly sex ratio for 2025 as follows: January – 877, February – 850, March – 751, April – 907, and May – 917. District authorities cracked down on illegal practices under the PCPNDT (Pre-Conception and Pre-Natal Diagnostic Techniques) Act. In one case, an ultrasound technician was arrested in a sting operation for disclosing the sex of a foetus. The centre was sealed, and action was taken against the accused, according to district health officials. Dr Pradeep Kumar, deputy civil surgeon and PCPNDT nodal officer, said, 'We are taking help from decoy patients and using sting operations to catch repeat offenders. Our team conducts surprise inspections and follows up on every complaint.' According to Kumar, licences of 66 ultrasound centres have been suspended or cancelled this year for non-compliance. Eleven raids have been conducted under the MTP (Medical Termination of Pregnancy) Act and two under the PCPNDT Act. To further tighten surveillance, a district-level task force has been constituted under the Deputy Commissioner. It works in coordination with the police, health, and legal departments to monitor ultrasound centres and prevent sex determination. 'We organised awareness camps in areas where the sex ratio had fallen below 750. So far, we have conducted 18 such camps. We also informed the public about a ₹ 1 lakh reward for credible information on illegal sex determination,' said Kumar. Gurugram's annual sex ratio was 899 in 2024, 928 in 2023, 922 in 2022, and a low of 914 in 2021. The figures stood at 917 and 923 in 2020 and 2019, respectively. 'We are hopeful that this trend will continue, but awareness among families and community participation are equally important to bring about the changes,' Kumar added.
