Punjab-Haryana High Court said that for abortion, the consent of the married woman is sufficient, husband’s permission is not necessary. The court gave this decision, allowing a 21-year-old woman to have an abortion without her husband’s consent.
Punjab-Haryana High Court has said that only the consent of a married woman is sufficient for abortion. The court made this comment while allowing a 21-year-old woman from Punjab to get an abortion without her husband’s permission. The woman is three months pregnant. She had petitioned the court for permission to abort the pregnancy. She told the court that she was married on May 2, 2023 and her relationship with her husband was very bad.
In the last hearing, the court had directed the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, to form a medical board to examine the woman. The board reported that the woman had no problem in undergoing Medical Termination of Pregnancy (MTP). The report dated December 23 said that she was 16 weeks and one day pregnant and the child had no congenital defects. The board had also examined the mental health of the woman.
The board told the court, ‘The woman has been showing symptoms of depression and anxiety for the last six months. He is undergoing treatment for this, but there has been very slight improvement. Pregnancy amid the divorce process has put her under a lot of mental stress. There is a need to continue treatment and counseling for his mental health. However, he is mentally healthy enough to give his consent.
The bench of Justice Suvir Sehgal said that it is clear from the report that the petitioner is medically fit for abortion. The court said that in this case the consent of the husband, whose divorce case is pending, is not required. The court made it clear that under the Abortion Act of 1971, direct or any kind of consent of the husband is not required for abortion. The best person to decide whether to continue the pregnancy or not is the married woman herself. Here his wish and consent is most important.
The court said that the duration of pregnancy is less than 20 weeks, hence it is within the limits prescribed under the law. Therefore, there is no hindrance in granting permission to the petitioner for abortion. Keeping these things in mind, the Court ordered that the petitioner is entitled to undergo abortion from the second respondent, i.e. PGIMER Hospital or any other recognized hospital.