KOCHI: In an order that would bring succour to a young domestic violence victim, Kerala High Court on Monday observed a married woman does not require her husband's approval or permission to terminate her pregnancy.
The court said the Medical Termination of Pregnancy Act does not contain any provision requiring the woman to obtain her husband's permission for terminating the pregnancy. The reason is that it is the woman who bears the stress and strain of the pregnancy and the delivery.
"The drastic change in the matrimonial life of a pregnant woman is equivalent to the 'change of her marital status.’ The word 'divorce' cannot in any manner qualify or restrict that right," held the court.
Justice VG Arun issued the order while granting permission to a married woman to get her pregnancy terminated at the Medical College, Kottayam or any other Government Hospital. The court issued the order on the petition filed by a 21-year-old girl of Kottayam seeking permission to medically terminate her pregnancy.
The petitioner did her B.A in Economics, but lost one paper. While preparing for the supplementary examination, she joined a Computer Course. While so, the petitioner fell in love with a 26-year-old youth, a bus conductor. As the petitioner's family was against her marrying him, she eloped with him. To the petitioner's dismay, the husband and his mother started ill-treating her demanding dowry. Meanwhile she became pregnant. Adding to the petitioner's woes, the husband raised suspicion regarding the paternity of the unborn baby and on that excuse, refused to provide any sort of support, either financial or emotional, to the petitioner. The cruel behaviour of her husband and mother-in-law worsened day by day, leaving the petitioner with no alternative but to return to her paternal house.
The court said that she was allegedly ill-treated, compelling her to leave the company of her husband and start residence at her house. Moreover, alleging cruelty meted out by the husband and his mother, the petitioner has filed a criminal complaint. Even before the high court, the husband did not express any interest in taking back his wife.
The Medical Board has opined that the continuance of the petitioner's pregnancy may have a negative impact on her mental health. The request for termination cannot be turned down in the absence of legal documents evidencing divorce or separation of the petitioner with the husband.
The Government Pleader submitted that the petitioner being a married woman, there has to be a joint decision by the spouses regarding termination of pregnancy.