The High Court of Madhya Pradesh rejected the application of a nineteen-year-old girl who had pleaded for an abortion in the court. The single bench Justice provided the reasoning for the same that the petitioner is mature enough to comprehend the outcome of having unprotected sex.
CONTENTIONS OF THE PETITIONER
The 19-year-old held that she was in a relationship with her partner for four or five years and he had made promises to her of marrying her and on that promise she had entered into a sexual relation with him. However, he eventually did not fulfil the promise and refused from marrying her due to which she is asking for the help from the court for aborting the child
As per Sub-section 2 of section 3 of the Medical Termination of Pregnancy Act, 2021 a pregnancy, after 20 weeks can be legally aborted only if two doctors advise it or the woman is at a mental or physical health risk. It is also allowed in rape cases.
OBSERVATION OF THE COURT
The Hon’ble Judge Justice G.S. Ahluwalia on 27th August 2021 held that the reasons stated in the Act which were required for the girl to legally terminate the pregnancy are not present in this case and hence the petition for the termination was rejected.
Furthermore, it was held by the Judge that the petitioner was an adult who was aware of the consequences of having consensual unprotected sex.
Another reason given for not permitting the abortion was that the allegations of misrepresentation of fact do not show that the act was not consensual, which were made in the First Information Report.
It was also held that the FIR was filed only after the detection of the pregnancy. These reasons were held as a reason for rejecting the plea of the petitioner.