Mumbai: The Bombay high court bench of Justice Sarang Kotwal and Justice Neela Gokhale while hearing a plea of a 23-year-old unmarried who wished to terminate her unwanted pregnancy woman directed the JJ Hospital to consider her case. The court added that the JJ Hospital should decide on the issue of termination of pregnancy after examining her mental and physical health. The bench was hearing a plea by the woman whose request for termination of an unwanted pregnancy was turned down by JJ Hospital because she did not fall under any of the categories mentioned in forms required to be filled by doctors before the procedure. The 23-year-old had sought the medical termination of a pregnancy that arose out of a consensual relationship which had now come to an end.
The Medical Termination of Pregnancy (MTP) Act, 1971, provides for termination of pregnancy up to 24 weeks in certain cases for married women, rape survivors and so on. However, the categories do not cover cases of unmarried women in consensual relationships, which means that these women who are unable to carry their pregnancy to the full term are not allowed to terminate it. The 23-year-old petitioner was turned down by JJ Hospital doctors, claiming that the category of unmarried women was not covered in the paperwork that they needed to complete. The refusal prompted the woman to petition the high court.
In the High Court it was submitted that the 23-year-old was refused the facility of termination on the ground that she did not fall under any of the categories in which the law allowed the termination of a pregnancy although the judgment of the Supreme Court had paved the way for MTP for unmarried women in a consensual relationship. The advocate said that the JJ doctors stated that the forms required to be filled under the MTP Act did not reflect this change. Additional government pleader appearing on behalf of the state, however contended that the Supreme Court judgement only applied in cases where a woman underwent a material change in circumstances, ie if she was a divorcee or a widow. Hence, the present petitioner did not fall in the ambit of the judgement, she said.
The high court observed that the ruling of the Supreme Court was very clear: that all women, whether married or unmarried, were to be given equal access to the facilities for a pregnancy termination. The court then directed JJ Hospital doctors to consider terminating the 23-year-old’s pregnancy after evaluating her physical and mental condition. The court also directed the central and state governments to consider adding the category ‘unmarried woman’ to the paperwork required to be filled by doctors in MTP cases.