“In India Abortion Is Considered A Crime”: Chhattisgarh HC Dismisses Plea For Termination Of Pregnancy On Ground Of ‘Strained Marital Relationship’

The Chhattisgarh High Court recently dismissed a petition filed by a married woman seeking medical termination of her pregnancy only on the ground that the marital relationship between her husband and herself has got strained after she conceived out of the relationship.

While denying the relief prayed for in the petition, the Single Judge Bench of Justice P. Sam Koshy observed,

“If this Court starts entertaining such petitions seeking for medical termination of pregnancy on grounds as have been claimed in the present Writ Petition, the very purpose and object for the enactment of the said Act of 1971 would get defeated.”

The 29-year-old petitioner got married in 2022 and also admitted to have conceived from her marital relationship. However, after some days, as the relationship between the couple did not work well, the lady decided to end her pregnancy.

She approached the High Court seeking an order for termination of her pregnancy under the Medical Termination of Pregnancy Act, 1971.

After perusing the petition, the Court held that the petitioner did not conceive as a result of any sex-crime committed upon her. She is a married woman who does not also claim that she was impregnated by any person other than her husband, it noted.

Also, the Court underlined that the petitioner was unable to make out a case seeking permission for medical termination of pregnancy on the grounds which are otherwise provided under Section 3(2)(a) & (b) of the aforesaid Act.

“In India, abortion is considered to be a crime. The medical practitioners are restrained from carrying out abortion unless until the situation gravely requires the pregnant lady to undergo abortion. That too is only on the advice of a qualified medical practitioner who upon medically examining the pregnant lady, reaches to the conclusion that there is an apparent danger to the life or risk to the physical and mental health of the pregnant lady or there could also be a situation where there is a substantial risk that the child if born would suffer from serious deformities and diseases,” the Court held.

In the instant case, since none of the grounds under the Act were made out and particularly, as she is a married lady and conceived through her husband, the Court did not accord the permission for termination of pregnancy only on the ground that the relationship between the couple has got strained.

Accordingly, the petition was dismissed.

Also Read: Madhya Pradesh High Court Allows Married Woman To Terminate 16-Week-Old Pregnancy On Account Of ‘Irreconcilable’ Marital Discord

Case Title: XYZ v. State of Chhattisgarh & Ors.

Case No.: WPC No. 2768 of 2023

Order Dated: June 22, 2023

Counsel for the Petitioner: Mr. Ritesh Verma, Advocate

Counsel for the Respondents: Mr. Pawan Kesharwani, Advocate

Click Here To Read/Download Order