NEW DELHI: The Madhya Pradesh High Court has allowed a woman to terminate her 13-week pregnancy, holding that her consent alone is sufficient under the law and that she does not require either her estranged husband’s consent or the court’s permission to undergo the procedure.
The petitioner approached the high court seeking permission to terminate a pregnancy of approximately 13 weeks. She informed the court that she and her husband had decided to end their marriage and had previously agreed to divorce during proceedings related to a separate criminal case at a police station. However, she said her husband later withdrew from the agreement.
The woman argued that continuing the pregnancy would cause her mental trauma, insecurity and adversely affect her physical and mental well-being. Her counsel submitted that while a court order was not legally required, the petition had been filed as a precaution because the husband might later challenge the termination.
The court issued notice to the husband, but no one appeared on his behalf despite service of notice. The state also did not oppose the petition, citing Supreme Court precedent affirming a woman’s autonomy over decisions relating to her pregnancy.
Justice Sandeep N. Bhatt observed that the pregnancy was 13 weeks and one day at the time the petition was filed, well within the 20-week limit prescribed under the Medical Termination of Pregnancy Act, 1971. The court noted that, under the law, a registered medical practitioner could have performed the procedure without requiring judicial permission.
Relying on a 2023 Supreme Court judgment, the court reiterated that “it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion.” The judgment also recognised reproductive rights as including “the right to access safe and legal abortions” and affirmed that women must be free to make such decisions without coercion or violence.
The court also referred to a Kerala High Court ruling, which held that the law does not require a married woman to obtain her husband’s consent before terminating a pregnancy.
Observing that the petitioner was seeking dissolution of her marriage and that the pregnancy was not connected to any criminal proceedings, the court held that the additional safeguards applicable in such cases were not relevant.
“Considering Article 21 of the Constitution of India and the judgments of the Hon’ble Courts, I am of the view that the permission deserves to be granted. However, it is expected that the concerned doctor performing the procedure shall take all necessary precautions in accordance with the guidelines issued by the Ministry of Health and the directions laid down by the High Courts and the Supreme Court,” the court said.
The high court accordingly allowed the petition and permitted the woman to proceed with the termination of her pregnancy.
