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Bombay HC calls for partner accountability in pregnancy termination cases, expresses concern over women’s plight [Read Judgment]

By Saket Sourav      10 September, 2024 01:34 PM      0 Comments
Bombay HC calls for partner accountability in pregnancy termination cases expresses concern over womens plight

Bombay: The Bombay High Court has expressed deep concern over the predicament of young women compelled to approach the court to terminate their unwanted pregnancies medically. The court observed that in such situations, it is only the women who suffer, while their partners remain uninvolved.

A division bench comprising Justices Ajay Gadkari and Dr. Neela Gokhale made these observations while hearing a writ petition filed by a 17-year-old minor who was a victim of child abuse and was seeking permission for the medical termination of her 26-week pregnancy.

The court noted, “It is distressing to see the victim being left alone to fend for herself while grappling with the nuances of the pregnancy itself, accepting the anatomical changes brought about by the pregnancy, the dilemma of disclosing the fact to her parents and partner, leading to the pregnancy advancing beyond 24 weeks, and thereby compelling her to approach the Court for permission to terminate the pregnancy, face a Medical Board alone, and finally undergo the procedure of either termination or delivery all by herself.”

To provide relief to such women, the division bench has decided to determine a suitable mechanism to ensure the involvement, accountability, and participation of the man or partner of the woman in these testing times.

The court appointed Dr. Abhinav Chandrachud as amicus curiae to assist in devising this mechanism and directed the registry to provide the complete case records to him. Dr. Chandrachud has been requested to submit his note within two weeks.

Expressing its anguish, the bench observed, “We find the predicament of young women in these situations deeply disturbing. Their plight in dealing with the situation, without support from their families and, more importantly, the partner, who is equally responsible for the situation, is disquieting.”

The matter has been listed for further consideration on September 20, 2024.

[Read Judgment]



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Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

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