Punjab and Haryana High Court Defines Abortion Eligibility for Women Pending Divorce
The Punjab and Haryana High Court recently addressed the issue of abortion rights for a woman awaiting divorce but not yet legally divorced. The ruling clarifies that such a woman can seek pregnancy termination under conditions similar to those available to divorced or widowed women.
Justice Vinod S. Bhardwaj emphasized that the concept of “marital status” should be interpreted broadly, acknowledging that the situation of a woman who is in the process of divorce is comparable to that of a divorced woman. The judgment, delivered on August 13, recognizes that a woman awaiting divorce faces similar psychological and emotional circumstances as one who has finalized her divorce.
The Medical Termination of Pregnancy (MTP) Act permits abortions up to 20 weeks of pregnancy when approved by two registered medical practitioners. Beyond 20 weeks and up to 24 weeks, the law restricts abortion to certain categories of women, including those who are divorced or widowed.
In this case, a woman who married in January and was over 28 weeks pregnant when her husband abandoned her in May sought an abortion. She intended to terminate the marriage under the Hindu Marriage Act but faced a statutory waiting period of one year before she could file for divorce.
On August 5, the court had directed the Mediation and Conciliation Centre to assess the woman’s voluntary decision to seek an abortion and end her marriage. Following confirmation of her intentions during mediation, the woman was referred to a Medical Board.
However, the Medical Board’s report recommended against the abortion since the pregnancy had exceeded the 24-week limit for permissible terminations and the fetus was found to be normal.
(With inputs from agency)
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