'Forcing woman to carry unwanted pregnancy violates bodily integrity': Delhi High Court quashes abortion case

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• Delhi High Court quashes criminal case against woman for lawful abortion
• Court affirms pregnancy decisions rest solely with the woman
• Forcing pregnancy violates woman's autonomy and mental health

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The Delhi High Court has held that compelling a woman to carry a pregnancy against her will infringes her bodily autonomy, observing that choices relating to pregnancy, fertility and motherhood rest solely with the woman.

The Court made these observations while setting aside criminal proceedings initiated against a woman for terminating her pregnancy in accordance with law.

Hearing the matter, Justice Neena Bansal Krishna said that a woman’s control over her body is intrinsic to her dignity and personal liberty. “If a woman does not want to continue with the pregnancy, then forcing her to do so represents the violation of the woman’s bodily integrity and aggravates her mental trauma which would be deleterious to her mental health,” the Court said.

The case arose from a complaint filed by the woman’s estranged husband, who alleged that she had terminated a 14-week pregnancy without his consent. Acting on the complaint, a Metropolitan Magistrate had summoned the woman under Section 312 of the Indian Penal Code, and the summoning order was later upheld by a sessions court.

However, the High Court took a different view, noting that criminalising a lawful abortion conducted under medical supervision would run contrary to the guarantees under Article 21 of the Constitution. It said that forcing continuation of an unwanted pregnancy can inflict severe psychological harm, particularly in situations of marital discord.

Referring to the social realities faced by women, the Court remarked that the “harsh reality of this misogynistic world” could not be overlooked. It noted that when a woman faces a breakdown of marriage, pregnancy often compounds her distress.

“Not only is she left to fend for herself, but almost always is left to shoulder the responsibility of bringing up a child single handedly, with no support forth coming from any source. It is only a woman who suffers. Such pregnancy brings with it insurmountable difficulties, leading to grave mental trauma,” the Bench said.

The Court also rejected submissions that sought to prioritise the rights of the foetus over those of the woman. It pointed out that international human rights law recognises rights at birth and not at conception, observing that “the unborn foetus cannot be put on a higher pedestal than the right of a living woman.”

Finding that the termination was carried out in compliance with the Medical Termination of Pregnancy Act, 1971 (MTP), the Court said that no offence under Section 312 of Indian Penal Code (IPC) was made out and quashed the criminal proceedings.