Child, If Born, Won’t Be Reminder Of Good Memories: Punjab & Haryana HC Allows Termination Of 15 Weeks Pregnancy Of Woman Alleging Sexual Assault By Husband
The Punjab and Haryana High Court permitted a woman to terminate her pregnancy of more than 15 weeks who alleged sexual assault by her husband.
The Court said that the child, if born would not be a reminder of good memories but a reminder of trauma and agony.
A writ petition was filed seeking issuance of a Writ of Mandamus for terminating pregnancy of the married woman under the Medical Termination of Pregnancy Act, 1971 (MTP Act).
A Single Bench of Justice Vinod S. Bhardwaj remarked, “In the said background and noticing that the petitioner is just 24 years of age and has a long career and life ahead to pursue her goals in life. It can also not be lost sight of the fact that the pregnancy is claimed as an outcome of unwanted relationship which she was forced to enter into. The petitioner is even not willing to continue the said relationship as is evident from the petition filed by her before the Family Court, Amritsar for seeking a decree of divorce. The child, if born, would not be a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life or a life with no dignity.”
Advocate Sumit Puri appeared on behalf of the petitioner while DAG Akshita Chauhan appeared on behalf of the respondents.
Facts of the Case -
The petitioner woman came in contact with a man (husband) through another woman who stated that he was a healthy and wealthy person and that he loved her and hence, wanted to marry her. One day, when the petitioner left her house for her tuition, the said woman met her and stated that the said man was coming that day. She further pressurized her to go with him and he took her with him to another place by bus. On reaching the said place, the petitioner noticed that he was unable to walk properly and thus, she told him that she does not want to marry him. However, the man kept her in captivity for 15 days and told her that he had purchased her by paying a sum of Rs. 2.5 lakhs to that woman and as such, he would not let her go.
Even though the petitioner was not ready to marry him, the man threatened her while saying that he would commit suicide and rope all her family members in some false criminal case. Under such threats and coercion, she married him and thereafter, she was subjected to mental and physical cruelty. He used to commit sexual assault upon her without her consent on several occasions and she was not allowed to contact her family members. One day, she managed to escape the matrimonial home and reached her maternal home. Later, she preferred a petition for divorce which was pending in the Family Court. A complaint was also filed against the husband but no action was taken thereupon. As a result of sexual assault, the petitioner got pregnant and she was not willing to bear and give birth to the child. As there was no action taken by the medical authorities, she approached the High Court.
The High Court in view of the facts and circumstances of the case observed, “In either of the said situations, the mother as well as the child shall suffer social stigma and incarceration for rest of their lives. The same is not in the best interest of both the mother as well as the child; and the petitioner already having expressed her unwillingness to bring up the child, it may not even be advancing the cause of the unborn, who will grapple to come to terms with life and will be subjected to maltreatment for no fault.”
The Court added 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 and 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.
“Balance thus needs to be drawn to examine the overall wellbeing. Whether to shape the trauma of a victim or to prolong it by delivery of the child, who is to be only victimized. The choices thus reduce and it seems more prudent to allow the termination of pregnancy”, it further said.
The Court also noted that the opinion given by the Medical Board concerned is not in good faith and as to how the continuation of this pregnancy would be in larger interest of the mother.
Accordingly, the High Court allowed the petition and directed the Civil Hospital to conduct the medical termination of pregnancy in accordance with law.
Cause Title- XYZ v. State of Punjab and Others (Neutral Citation: 2024:PHHC:069706)
