MADURAI: The Madurai bench of the Madras High Court has observed that neither does the law compel motherhood nor does it deny an adult woman the freedom to decide whether she wishes to continue a pregnancy, holding that it is the duty of the court to protect her reproductive choice.
Justice L Victoria Gowri made this observation while hearing a petition filed by a youth to restrain the police from further harassing him, as he alleged that he was forced to marry a girl by the police.
During the course of hearing, the court came to know that the girl was 15 weeks pregnant and had conceived during the relationship between them. She sought court permission for medical termination of pregnancy (MTP) after he ended the relationship with her.
Tirunelveli Medical College Hospital, on court direction, conducted a comprehensive medical examination to check the possibility for MTP and found her unfit due to health issues. However, she was given treatment by the hospital following which she became fit for termination.
The court hence allowed for MTP by stating the situation arose out of a failed personal relationship between two adults.
The court directed the college dean to ensure that the foetal tissue and such other biological samples were preserved for the case investigation, as Valliyoor AWPS in Tirunelveli booked a case against the youth for promising marriage and having a physical relationship with her.
“The samples should be forwarded to the regional forensic science laboratory for DNA profiling as necessary for the case, and the laboratory also should submit its report within 60 days,” the court said.
The judge added that what commenced as a petition alleging police interference in the personal affairs of the boy subsequently unfolded into issues touching upon the bodily autonomy of an adult woman, reproductive choice, medical welfare, and constitutional dignity.
Despite repeated opportunities granted by this court, the youth categorically and unequivocally expressed his unwillingness to marry her or to lead a matrimonial life with her. Recording this, the court said once a regular criminal case has been registered and investigation has commenced, the apprehension originally projected in the petition regarding future coercion by the police loses significance.
The legality of the FIR, investigation, arrest, or remand is a matter that has to be challenged before the competent forum in accordance with law and cannot be adjudicated in the present proceedings, added the judge.
The court is not concerned in these proceedings with adjudicating the truthfulness of allegations exchanged between the youth and the girl regarding the nature of their relationship. But the girl has asserted that she does not wish to continue the pregnancy and that compelling her to do so would expose her to severe psychological hardship. The reproductive choice of an adult woman is entitled to the highest degree of constitutional protection, the judge said.