The Bombay High Court on Wednesday allowed an 18-year-old unmarried girl to get her unwanted pregnancy to be medically terminated, as forcing such a minor girl to bear a child may have devastating implications for the rest of her life, not just for her but for her entire family.
The division bench of justices Ujjal Bhuyan and Madhav Jamdar took into account the fact that the petitioner is 18 years old, has taken her HSC exam the previous year, is unmarried and has ignored the opinion of the Experts Board of two medical colleges in Mumbai.
Earlier, a specialist board had examined the girl in accordance with previous HC rulings and concluded that there were no mental, obstetric or medical reasons to terminate the pregnancy. According to the board, no abnormalities in the foetus were discovered and the mother had no medical or pregnancy-related concerns. It went on to say that, despite the mother’s mild depressive episode, the pregnancy’s continuance was unlikely to have a negative impact on her mental health if she received therapy.
The HC rejected the ruling, noting that under section 3(2) (b)(i) of the Medical Termination of Pregnancy Act, 1971, the legislature purposefully chose the phrase ‘mental health’ – an expression with broader implications – in contrast to the terms ‘mental illness’ or ‘mentally ill person.’
Also Read: Sidhu ends hunger protest after Union Minister’s son reports to police
As a result, the court found that the pregnant girl’s actual surroundings should be considered while judging whether her pregnancy would put pressure on her mental health. ‘From the above, the petitioner’s socioeconomic condition/status is clearly discernible,’ the bench stated while allowing the girl to have her undesired pregnancy surgically terminated at a state-run hospital.
Post Your Comments