National Times Bureau :- In a significant ruling strengthening women’s reproductive autonomy, the Punjab and Haryana High Court has held that a married woman does not require her husband’s consent to terminate a pregnancy, making it clear that the decision rests solely with the woman.
The judgment was delivered by Justice Suvir Sehgal while hearing a petition filed by a 21-year-old woman from Fatehgarh Sahib, who sought permission to undergo medical termination of pregnancy amid ongoing marital discord and divorce proceedings. The court observed that under the Medical Termination of Pregnancy (MTP) Act, a pregnancy of less than 20 weeks can be terminated based on the woman’s consent alone.
Emphasising bodily autonomy and personal liberty, the court stated that a woman is the best judge of whether she wishes to continue or end a pregnancy, as the physical, emotional and social consequences of childbirth are borne primarily by her. The court categorically ruled that the husband’s approval is neither a legal nor a moral prerequisite for exercising this right.
The petitioner, who married in May this year, has been living separately from her husband due to strained relations. Upon discovering her pregnancy, she approached the court after questions were raised over whether the estranged husband’s consent was necessary for the procedure.
Pursuant to the court’s directions, a medical board at PGIMER, Chandigarh, examined the woman and reported that she was 16 weeks and one day pregnant. The board also noted that she had been suffering from depression for the past six months owing to the marital dispute, but was medically and mentally fit to undergo the procedure.
Taking the medical opinion into account, the High Court allowed the petition and directed that the pregnancy may be terminated within a week.
The ruling is being viewed as a landmark affirmation of women’s reproductive rights and personal autonomy, reinforcing that marital status cannot dilute a woman’s control over decisions concerning her own body.
