The Punjab and Haryana High Court has permitted a woman to terminate her pregnancy, which was beyond 15 weeks, following allegations of sexual assault by her husband. The Court stated that the child, if born, would not be a source of good memories but a reminder of trauma and agony. This decision was made in response to a writ petition filed under the Medical Termination of Pregnancy Act, 1971 (MTP Act), seeking a Writ of Mandamus to terminate the pregnancy.
Court’s Considerations
A Single Bench of Justice Vinod S. Bhardwaj observed that the petitioner is 24 years old with a long career and life ahead to pursue her goals. The Court acknowledged that the pregnancy resulted from an unwanted relationship into which the woman was forced. The petitioner had also filed for divorce in the Family Court in Amritsar. The Court remarked, “The child, if born, would be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life or a life with no dignity.”
Advocate Sumit Puri represented the petitioner, while DAG Akshita Chauhan appeared on behalf of the respondents.
Case Background
The petitioner came in contact with her husband through another woman who described him as a healthy, wealthy person who wanted to marry her. One day, when the petitioner left for tuition, the woman pressured her to meet the man, who then took her to another location by bus. Upon arrival, she noticed he had mobility issues and expressed her disinterest in marrying him. Despite this, he kept her captive for 15 days, claiming he had purchased her for Rs. 2.5 lakhs and would not release her.
Under threats of suicide and false criminal accusations against her family, she married him and endured mental and physical cruelty, including repeated sexual assaults without her consent. She was also prevented from contacting her family. She eventually escaped and returned to her maternal home, where she filed for divorce and lodged a complaint against her husband, which saw no action.
Petition for Termination
The petitioner became pregnant as a result of the assaults and was unwilling to bear the child. With no action from the medical authorities, she approached the High Court. The Court observed that continuing the pregnancy would subject both mother and child to social stigma and hardship. The petitioner had expressed her unwillingness to raise the child, and the Court noted that the child would likely face maltreatment for no fault.
Court’s Decision
The Court highlighted that life is not just about being able to breathe but about living with dignity. It highlighted that denying dignity and social or familial acceptance compounds the agony for both mother and child, leading to greater injustice. The Court stated, “Balance thus needs to be drawn to examine the overall wellbeing. Whether to shape the trauma of a victim or to prolong it by delivery of the child, who is to be only victimized.” The Court criticized the Medical Board’s opinion as not being in good faith regarding the mother’s best interests.
Accordingly, the High Court allowed the petition and directed the Civil Hospital to conduct the medical termination of the pregnancy in accordance with the law.
Case Citation: XYZ v. State of Punjab and Others (Neutral Citation: 2024: PHHC:069706).