Punjab and Haryana High Court: Petition was filed for directing respondents to terminate petitioner’s pregnancy of more than fifteen weeks, in accordance with Medical Termination of Pregnancy Act, 1971. Vinod S. Bharadwaj, J.*, opined that the if the child was born, it would not be a reminder of good memories, but could be a reminder of trauma and agony that petitioner as a mother would have to undergo. Further, as an unwanted child, likely to live a tormenting life or a life with no dignity. In either of the said situations, the mother and the child should suffer social stigma and incarceration for rest of their lives. Thus, the Court allowed petitioner to terminate the pregnancy and directed the Civil Surgeon, Civil Hospital, Amritsar to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of petitioner.
Background
Petitioner contended that she met a man named ‘Y’ through her friend who stated that he was healthy and wealthy person. Petitioner’s friend also stated that ‘Y’ loved petitioner and wanted to marry her. On 27-11-2023, when petitioner left her house for her tuition, petitioner’s friend stated that ‘Y’ was coming today and further pressurized petitioner to go with ’Y’, who took the petitioner with him to Sangrur. On reaching Sangrur, petitioner noticed that Y was unable to walk properly, thus she told him that she did not want to marry him. However, ‘Y’ kept her in captivity for a period of fifteen days and told her that he had purchased her by paying Rs. 2,50,000 to petitioner’s friend so, he would not let her go. Since petitioner was not at all ready to marry ‘Y’, therefore he threatened her by saying that he would commit suicide and rope all her family members in some false criminal case. Therefore, under threats and coercion, petitioner married ‘Y’.
However, after marriage petitioner was subjected to physical and mental cruelty. Petitioner stated that her husband used to commit sexual assault on her without her consent. Petitioner was not allowed to contact her family members and if she did, she was given severe beatings. On 16-04-2024, petitioner noticed that her husband and other family members were asleep, so she managed to escape and eventually reached Amritsar and met her parents. Petitioner was under such a great mental trauma that she was unable to disclose about what had happened to her. Later, petitioner filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, which was still pending in the Family Court.
Petitioner further submitted that due to sexual assault committed by her husband, she got pregnant, however, she was not willing to bear and give birth to the child. Petitioner approached Respondent 4 for seeking termination of pregnancy, but the doctors orally refused to entertain the petitioner without the directions of the Court. Thereafter, petitioner filed a written representation in the Civil Hospital, but there also, she got no redressal of her grievance. Petitioner submitted that since the pregnancy was more than fifteen weeks old, she was bound to approach the present Court for seeking termination of pregnancy as per statutory mandate. Hence, the present petition was filed.
Analysis, Law, and Decision
The Court relied on X v. State (NCT of Delhi), (2023) 9 SCC 433, and noted that petitioner was just twenty-four years of age and had a long career and life ahead to pursue her goals in life. Further, the pregnancy was claimed as an outcome of unwanted relationship which she was forced to enter into. As evident from the divorce petition, petitioner was even not willing to continue the said relationship. The Court opined that the if the child was born, it would not be a reminder of good memories, but should be a reminder of trauma and agony that petitioner as a mother would have to undergo. Further, as an unwanted, the child was also likely to live a tormenting life or a life with no dignity. In either of the said situations, the mother and the child should suffer social stigma and incarceration for rest of their lives.
The Court opined that “such decisions are tough, however, life is not just about being able to breathe rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval ‘is a writing’ on the wall, it compounds agony of the child and leads to greater injustice.” The Court opined that a balance was necessary to examine the overall wellbeing that whether to shape the trauma of a victim or to prolong it by delivery of the child, who was to be victimized. Further, the Court referred to the report prepared by the Medical Board after petitioner’s medical examination and other necessary tests and stated that there was no reason for it to presume that the opinion given by the Medical Board that the continuation of this pregnancy would be in larger interest of the mother was not in good faith.
Thus, the Court allowed petitioner to terminate the pregnancy and directed the Civil Surgeon, Civil Hospital, Amritsar to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of petitioner. Petitioner should approach the hospital or authorities of the said hospital on or before 21-05-2024, whereupon expeditious steps should be taken for termination of pregnancy. The Court granted liberty to petitioner to espouse her financial status before the Authorities concerned and be entitled to the benefit under the prevalent schemes.
[X v. State of Punjab, 2024 SCC OnLine P&H 3805, decided on 17-05-2024]
*Judgment authored by- Justice Vinod S. Bharadwaj
Advocates who appeared in this case :
For the Petitioners: Sumit Puri, Advocate;
For the Respondents: Akshita Chauhan, DAG, Punjab.
