An expectant woman from Thane who filed a petition seeking termination of her 23-week pregnancy on the grounds of marital issues was turned down by the Bombay High Court.
A division bench of justices Shantanu Kemkar and Nitin Sambre said that although women have a constitutional right over their body and reproductive choices, matrimonial discord cannot be the basis to request pregnancy termination beyond 20 weeks.
Neelam Choudhary’s plea only sought directions from the authorities concerned and did not have her husband as a part. She also cited epilepsy and a desire to study further as the reasons. The court observed that both these conditions did not comply with the provisions laid down by the Medical Termination of Pregnancy Act, 1971. The Act only allows an MTP at a late-stage when there is a risk to the life or health of the mother and the unborn child or if the child will be born with a mental or physical anomaly.
“Her (Neelam’s) matrimonial discord cannot be considered as a reason for permitting her to have a termination of pregnancy by invoking provisions of the Act,” the court said.
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According to the court papers, Neelam got married in 2012 while she was studying in Class XII and moved in with her husband in 2016. Due to the differences with her in-laws and husband, she returned to her parents' home later that year and even filed a non-cognisable complaint alleging physical and mental harassment. After some assurances, she started living with her husband again. However, she again moved out of her husband’s place when he refused to use contraceptives-something that was against her wishes.
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