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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
Aarti Arora – Appellant
Versus
Fortis Hospital Mohali – Respondent
| Table of Content |
|---|
| 1. eligibility for pregnancy termination due to domestic violence. (Para 1 , 2 , 3 , 4) |
| 2. court's initial order concerning petitioner's request. (Para 5) |
| 3. medical board's report on foetal age and mental health assessment. (Para 6 , 7) |
| 4. interpretation of legal provisions relevant to termination of pregnancy. (Para 8 , 9 , 10 , 11 , 12) |
| 5. judicial precedents shaping the understanding of women's reproductive rights. (Para 13 , 14 , 15 , 16 , 17) |
| 6. conclusion affirming eligibility based on change of marital status. (Para 18) |
| 7. authorization for termination of pregnancy granted. (Para 19 , 20) |
| 8. order compliance notification. (Para 21) |
JUDGMENT :
KULDEEP TIWARI, J.
1. Through the instant writ petition cast under Article 226 of the Constitution of India, the petitioner, a tricenarian married woman, craves for issuance of directions upon the official respondents to terminate her pregnancy, without her husband’s consent. The petitioner claims her pregnancy to be medically terminable on account of her pregnancy length not exceeding the period prescribed for termination in The Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the ‘Act of1971’).
GROUNDS CANV
A woman may terminate her pregnancy without her husband's consent if domestic circumstances warrant a change in marital status, pursuant to the provisions of the Medical Termination of Pregnancy Act.
The interpretation of 'change of marital status' in medical termination of pregnancy law encompasses situations of separation due to domestic abuse, ensuring autonomy and health of women.
(1) A woman can become pregnant by choice irrespective of her marital status – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo....
Statute has recognized reproductive choice of a woman and her bodily integrity and autonomy – There is no basis to deny unmarried women right to medically terminate pregnancy when same choice is avai....
The court affirmed that women's right to bodily autonomy is paramount, allowing for medical termination of pregnancy under the MTP Act when psychological distress is evident, recognizing both de jure....
The court affirmed that a woman's right to terminate her pregnancy, especially in cases of rape, is protected under Article 21 of the Constitution, emphasizing her autonomy and bodily integrity.
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
The central legal point established in the judgment is that the Medical Termination of Pregnancy Act, 1971, allows for the termination of pregnancy under special circumstances, including the risk to ....
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