HC upholds woman’s right to end 15-wk pregnancy

MADURAI: Observing that law does not compel motherhood, Madras high court has allowed a 23-year-old woman to terminate her 15-week pregnancy after the man who allegedly promised to marry her refused to lead a matrimonial life with her.Justice L Victoria Gowri made the observations while allowing a petition filed by K Surya, a final-year B Tech student, who had accused Valliyoor all-women police station of harassing and compelling him to live with the woman. The woman told the court she became pregnant during a consensual relationship with the petitioner, who allegedly promised marriage but distanced himself later and refused to continue the relationship.The court recorded that the petitioner had expressed his unwillingness to marry her or lead a matrimonial life with her. The woman then sought permission for medical termination of pregnancy, saying she did not want to continue it. “The law does not compel motherhood. Equally, it does not deny a competent adult woman the freedom to decide whether she wishes to continue a pregnancy,” the court said, adding that, “The sole question presently concerns the right of the third respondent (the woman) to make decisions regarding her own body and reproductive future.

”The judge said that compelling the woman to continue an unwanted pregnancy despite her informed decision would amount to a direct intrusion into her bodily autonomy and decisional freedom. “The reproductive choice of an adult woman is entitled to the highest degree of constitutional protection,” she added.The court directed Tirunelveli Medical College Hospital to conduct the procedure after obtaining informed written consent.

It also ordered psychiatric, psychological and post-procedure counselling support.Since police had registered a case under Section 69 of BNS (sexual intercourse by deceitful means), the court directed preservation of fetal tissue and biological samples for DNA profiling, while clarifying that it had not expressed any opinion on paternity or merits of the criminal case.