The Punjab and Haryana High Court on Tuesday issued notice to the Union government on a petition challenging a provision of Medical Termination of Pregnancy (MTP) Act that allows a doctor to terminate the pregnancy of a woman on the presumption of grave injury to her mental health [Deepak Kumar vs Union of india and Another].

The Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry asked the Union government to file a response to the Public Interest Litigation petition filed by one Deepak Kumar from Haryana's Hissar.

The Court will hear the matter next on September 16.

Kumar has challenged Section 3(2) - Explanation 1 of Medical Termination of Pregnancy Act which states the following,

A counsel representing the petitioner argued that a doctor cannot presume that a pregnancy could affect the mental health of the pregnant woman when he or she is not a psychologist or psychiatrist.

“There cannot be an automatic presumption. A life is being lost on the basis of a presumption being drawn by a registered medical practitioner who is not qualified,” the counsel said.

It was also argued that a pregnancy can be a cause of anguish but it can also be a source of joy.

"How can an assumption be drawn that this is a cause of anguish and therefore 'I declare this something to be which cause grave injury to mental health...'," the counsel said.

In response, Union government counsel Dheeraj Jain submitted that the issue is covered by a Supreme Court decision on the right to termination of pregnancy. However, the counsel representing the petitioner said the provision of law was not under challenge in that case before the top court.

The counsel added that the provision was being misused to terminate pregnancies.

"As far as injury to physical health of a woman or to the child is concerned, the gynecologist is qualified but with regard to mental health... that doctor is not qualified," he further said.

Agreeing that the Supreme Court decision does not deal with the issue raised in the present PIL, the Court issued notice to the Union government.