Mumbai, June 25: The Bombay High Court has permitted a young unmarried woman to undergo medical termination of her pregnancy, which has crossed 24 weeks, observing that she has the right to exercise her bodily autonomy and choose not to continue with an unwanted pregnancy.
The court also took exception to the stand of Sir J.J. Group of Hospitals that it did not have the facility and expertise to perform intrauterine foeticide and had suggested that the petitioner approach another approved centre. The Bench said the recommendation did not "appeal" to it and directed Sir J.J. Hospital itself to undertake the procedure.
HC Upholds Bodily Autonomy
A Bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a petition filed by a student seeking permission to terminate her pregnancy. The woman stated that she had conceived during a relationship with her boyfriend but later realised that the pregnancy was unwarranted and wished to exercise her right not to give birth.
The court relied on the report submitted by the Medical Board of Sir J.J. Group of Hospitals. The board noted that the pregnancy had advanced beyond 26 weeks and that there was a possibility of the foetus being born alive if the pregnancy was terminated. However, it also opined that the procedure could be carried out.
The Medical Board observed that compelling the petitioner to continue the unwanted pregnancy could cause grave and irreparable harm to her psychological health and result in extreme mental anguish.
JJ Hospital Directed To Conduct Procedure
Allowing the plea, the Bench said, “Since the medical opinion is clear that the pregnancy of the petitioner can be terminated and there is no medical impediment in doing so and since we have a petitioner before us who wants to exercise her bodily autonomy by not continuing the pregnancy as she apprehends social stigma being an unmarried young girl with a future lying ahead, we allow the writ petition.”
The judges noted that this was not the first case in which Sir J.J. Hospital had been asked to carry out the termination of a pregnancy beyond 24 weeks and questioned why the lack of intrauterine foeticide facilities was mentioned in the report.
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The Bench directed the petitioner to report to Sir J.J. Group of Hospitals, Mumbai, where the medical team has been instructed to commence the termination procedure in accordance with the law.
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