Cannot Compel Continuation Of Pregnancy Without Victim’s Wish: Gujarat High Court Upholds Women's Reproductive Autonomy
The Gujarat High Court has held that it cannot compel the victim to continue her pregnancy if she does not want to. The petitioner was requesting permission to terminate her pregnancy of 16 weeks to 17 weeks due to the potential grave injury to her physical and mental health. The petitioner also asked for necessary medical tests to be conducted with proper care and precaution.
A Bench of Justice Samir J. Dave allowed the victim to terminate her pregnancy considering the statement of the victim recorded under section 164 of Cr.P.C. as well as before the Police and medical report of the victim.
Advocate Bhargav K Mehta appeared for the Petitioner and Advocate Amit N Chaudhary appeared for the Respondents.
The counsel for the respondent submitted that respondent no.6, who is the original accused, claimed readiness to marry the victim and accept responsibility for her and the child. The respondent argued that the dispute between the parties is related to caste, and the victim's parents pressured her into filing the petition.
The Court considered the statement of the victim, medical reports, and the right to reproductive autonomy.
The Court noted that the medical report from a panel of doctors indicated that the victim was 19 weeks pregnant and that the pregnancy could be terminated with the usual risks associated with such a condition, considering the patient's age and gestational age.
The Court referenced a recent Supreme Court judgment (X v. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi) emphasizing the right to bodily autonomy and decisional autonomy of pregnant women.
The Court mentioned that the respondent's objections do not carry much weight since the relationship between the victim and the respondent has no legal recognition, and the victim is a minor.
The Court referred to a recent Kerala High Court decision (Aryamol Vs. Union of India and Ors.) that highlighted the importance of a woman's consent in pregnancy termination. The Court said, “The High Court has gone to the extent of saying that the consent of the husband is not required in a case where the wife desires to terminate her pregnancy thereby giving respect to the desire of the woman and significance to her dignity.”
The Court recognized the value of motherhood in society through a verse from the Skanda Purana.
The Court held, “If the victim does not want to continue with her pregnancy then this Court cannot compel her to continue her pregnancy.”
The Court allowed the application and directed the Chief Medical Officer to proceed with the medical termination of pregnancy within one week. The police were also instructed to facilitate this process urgently. The Court expected the authorities to handle the procedure with care, sensitivity, and caution, considering the victim's age and health.
The Court instructed respondents 2-4 to preserve a DNA test report for use as evidence in the ensuing trial.
Cause Title: XYZ v. State of Gujarat
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