The court emphasized the importance of considering the impact of domestic violence on a pregnant woman's mental health and the need for a liberal and purposive interpretation of the Medical Termination of Pregnancy Act, 1971.

JUDGMENT

Ujjal Bhuyan,J. - Heard Ms. Aditi Saxena, learned counsel for the petitioner; Ms.Uma Palsuledesai, learned AGP for respondent No.1-State; and Ms.Purnima Awasthi, learned counsel for respondent No.2.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction and / or permission for medical termination of her pregnancy on the ground that the pregnancy is having adverse impact on her mental health on account of continuing domestic violence.

3. On 22.07.2021, this Court directed Dean of Sir J. J. Group of Hospitals, Mumbai to constitute a medical board for examination of the petitioner particularly her mental capacity to proceed with the pregnancy. It was directed that report of the medical board be placed before the Court on the next date.

4. On 29.07.2021, medical board of Sir J. J. Group of Hospitals, Mumbai submitted medical report dated 27.07.2021. We had recorded in the order dated 29.07.2021 that as per report of the medical board, petitioner has suffered mental distress due to marital discord. Medical board has opined that petitioner does not suffer from mental illness at present; she is of sound mind; that there is no evidence of mental incapacity to raise the child. Distress due to ongoing marital discord can be overcome through marital counselling which has been recommended.

5. Report of the medical board was furnished to learned counsel for the petitioner and the matter was deferred to today to hear submissions on behalf of the petitioner as well as the respondents.

6. Ms. Saxena, learned counsel for the petitioner has referred to the pleadings as well as documents placed on record and submits that petitioner was subjected to domestic violence by her husband in her matrimonial home. She has referred to medical report dated 13.06.2021 of the H.B.T. Medical College and Dr. R. N. Cooper General Hospital, Mumbai which recorded the assault on petitioner by her husband causing trauma to her face and abdomen. At that time itself petitioner had indicated her willingness to undergo medical termination of her pregnancy which was then in the 17th week. She has also referred to medical report dated 19.06.2021 of the same institution which also recorded history of the petitioner being subjected to assault by her husband and her willingness for undergoing medical termination of her pregnancy.

6.1. Learned counsel for the petitioner submits that in view of such domestic violence petitioner has filed a complaint before the competent magistrate on 18.06.2021 under the provisions of the Protection of Women from Domestic Violence Act, 2005. On a query by the Court, she submits that petitioner is in the process of filing petition for dissolution of marriage by decree of divorce. She has referred to earlier medical reports of Dr. R. N. Cooper Hospital which indicated the state of her mental health upon psychiatric examination. According to her, even if we carefully analyze the medical report dated 27.07.2021, it would be evident that opinion of the medical board was not a unanimous one as Dr. Bela Verma, Professor & Head of Department of Pediatrics in her individual opinion has recommended medical termination of pregnancy as continuing with the pregnancy and child birth may jeopardize the mental health of the pregnant woman (petitioner).

6.2. Referring to the provisions of section 3(2)(b)(i) of the Medical Termination of Pregnancy Act, 1971 (briefly 'the Act'), she submits that a pregnancy may be terminated if continuance of the same would involve a risk of grave injury to the physical or mental health of the pregnant woman. This provision has to be read in conjunction with sub-section (3) of section 3 which mandates that in determining whether the continuance of a pregnancy would involve such risk of injury to health as is mentioned in sub-section (2), account may be taken of the pregnant woman's actual or reasonable foreseeable environment. According to her, these provisions are requir