Supreme Court Judgment-
On an appeal to the Supreme Court on abortion, the SC rejected the appeal of the spouse who is looking for damages from the wife parents, siblings and two doctors for the abortion made by his wife without his consent/ assent. Supreme Court said Woman has a right to abort.
The bench comprising of Chief Justice Dipak Misra, Justice Khanwilkar, and Justice D Y Chandrachud maintained the decision of the High Court of Punjab and Haryana. The thinking of the High Court is that, there was a stressed connection between the couple and thus, the spouse’s choice to abort was correct. Furthermore, consequently, there is no prerequisite for communicated or suggested consent/ assent of the husband required to abort or terminate under Medical Termination of Pregnancy Act.
They both got married in the year 1994 and had a child in 1995. After which the spouse and her child lived with the wife’s family. Amid the pendency of the suit looking for upkeep, Lok Adalat on intervention influenced the couple to remain together. In November 2002, they began living respectively and January she found that she was pregnant. However, as they couldn’t remain together and there were no indications of getting back together, she needed to abort the child. In Chandigarh, her husband questioned and neglected to sign the papers at the hospital. So, she proceeded with her abortion.
The spouse recorded a case for compensation of Rs.30 lakhs from women parents, siblings and the two doctors as he had experienced mental torment, misery and harassment. The doctors went on an interest to the High Court of Punjab and Haryana, which held that, ” If the spouse has assented marital sex… it doesn’t imply that she has agreed to consider a kid.” It likewise included that, “The lady isn’t a machine in which crude material is put and a completed item turns out. She ought to be rationally arranged to bring forth a youngster. Undesirable pregnancy would influence the emotional wellness of a lady.” The High court likewise requested the spouse to pay a cost of Rs. 25000 to every respondent.
The Supreme Court maintained this and stated, “She is a mother and a grown-up who says she didn’t need the pregnancy. How can she or others be made liable for it? Indeed, even a mentally challenged lady has a privilege to end her pregnancy. So, in what capacity can parents and doctors be made at liable?”
