[Rape On False Promise To Marry] Punjab & Haryana HC Permits Woman To Terminate "Unwanted" Pregnancy, Says It May Affect Her Opportunities In Life

The Punjab and Haryana High Court has allowed a woman claiming to have been raped on false promise of marriage to terminate the pregnancy of over 12 weeks, observing that an unwanted pregnancy may effect her ability to pursue other opportunities in life, such as employment and contributing to her family's income.

Justice Vinod S. Bhardwaj said, "Forced into an unwanted pregnancy, a woman is likely to experience significant physical and emotional challenges. Dealing with the aftermath of such a pregnancy, even after childbirth, places an extra burden on the petitioner, affecting her ability to pursue other opportunities in life, such as employment and contributing to her family's income."

The Court added that given the petitioner's unmarried status, carrying on with the pregnancy could lead to significant psychological harm for both the petitioner and the potential child. The emotional toll of the pregnancy alone is enough to seriously impact the petitioner's mental well-being.

The Court was hearing plea of a 30 years old unmarried girl seeking directions to terminate her pregnancy of over 12 weeks. It was submitted that the accused took her consent to establish relationship with her on the pretext of marriage and started avoiding her after she became pregnant. Thereafter, an FIR was lodged against the accused under Section 376 of the IPC.

Considering the submissions, the Court referred to Apex Court's ruling in X v. Principal Secretary Health and Family Welfare Department & Another, in which the Court said, "A woman's right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity."

The Apex Court also referred to the amended Explanation I of Section 3(2) of the MTP Act, which has included unmarried women within the ambit of the Act and "expressly contemplates a situation involving an unwanted pregnancy caused as a result of the failure of any device or method used by a woman or her partner for the purpose of limiting the number of children or preventing pregnancy,"

Justice Bhardwaj opined that continuing with the current pregnancy is expected to bring considerable distress to the petitioner, serving as a constant reminder of the unfortunate situation she has endured. 

In the light of the above, the Court directed the Medical Board of the Head of the Department of Obstetrics and Gynecology, Mata Kaushalya Government Hospital, Patiala to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of the petitioner.

Appearance: Munish Raj Chaudhary, Advocate for the petitioner.

 Niharika Sharma, AAG, Punjab.

Citation: 2024 LiveLaw (PH) 27

Title: X v. THE POSTGRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH, CHANDIGARH