Forcing woman to continue with pregnancy violates her autonomy: Delhi HC quashes case against woman for lawful abortion

The Delhi High Court recently observed that forcing a woman to continue with the pregnancy violates her bodily autonomy and integrity [Sanya Bhasin v The State & Anr]. 

Justice Neena Bansal Krishna said that the decisions about pregnancy and the control over their body, fertility and motherhood choices should be left to the woman alone. 

“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. 

Further, it held that the “harsh reality of this misogynistic world” cannot be ignored and the mental trauma of a woman facing marital discord gets compounded if she is pregnant. 

“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 Court said. 

The Bench made these observations as it quashed criminal proceedings against a woman under Section 312 of the Indian Penal Code for getting an abortion. 

A criminal complaint was filed by the woman’s estranged husband alleging that she terminated her 14-week pregnancy without his consent. Based on this complaint, a Metropolitan Magistrate summoned the woman and the sessions court upheld the summoning order. 

However, the High Court set aside these orders, observing that criminalising a lawful abortion carried out under medical supervision would amount to a violation of a woman’s rights under Article 21 of the Constitution.

The Court also rejected arguments placing the rights of the foetus above those of the woman, noting that international human rights law recognises human rights at birth and not at conception. 

“The unborn foetus cannot be put on a higher pedestal than the right of a living woman,” the Court said.

The Bench said that the abortion was carried out lawfully as per the provisions of the Medical Termination of Pregnancy Act (MTP Act) and no case of an offence under Section 312 of the IPC was made out. 

Therefore, it quashed the case. 

Advocate Atul Jain appeared for the petitioner. 

Additional Public Prosecutor Shoaib Haider represented the State.

Advocate Shefali Menezes represented the husband. 

[Read Judgment]