Consent Of Woman's Family Not Needed For Abortion, Doctors Cannot Impose Extra Legal Conditions : Supreme Court

The Supreme Court observed that a woman who seeks legal abortion cannot be required to seek consent from her family.

It is only the woman's consent (or her guardian's consent if she is a minor or mentally ill) which is material, the bench of Justices DY Chandrachud, A.S. Bopanna and J.B. Pardiwala observed.

A common yet lamentable practice

The court noted that it is a common yet lamentable practice for registered medical practitioners (RMPs) to insist on compliance with extra-legal conditions such as consent from the woman's family, documentary proofs, or judicial authorisation and if the woman fails to comply with these additional requirements, RMPs frequently decline to provide their services in conducting legal abortions. In this regard, the court made the following observations:

RMPs must refrain from imposing extra-legal conditions

"These extra-legal requirements have no basis in law. As noted above, it is only the woman's consent (or her guardian's consent if she is a minor or mentally ill) which is material. RMPs must refrain from imposing extra-legal conditions on women seeking to terminate their pregnancy in accordance with the law. They need only ensure that the provisions of the MTP Act (along with the accompanying rules and regulations) are complied with." 

The woman alone who has the right over her body

A woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is wanted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decisionmaker on the question of whether she wants to undergo an abortion.

 Without any consent or authorization from a third party

The decision to have or not to have an abortion is borne out of complicated life circumstances, which only the woman can choose on her own terms without external interference or influence. Reproductive autonomy requires that every pregnant woman has the intrinsic right to choose to undergo or not to undergo abortion without any consent or authorization from a third party

Also Read - All Women Entitled To Safe & Legal Abortion, Distinction Between Married & Unmarried Women Unconstitutional : Supreme Court

Rape Includes "Marital Rape" For The Purposes Of MTP Act, Wife Conceiving Out Of Forced Sex Can Seek Abortion : Supreme Court

Case details

X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi | 2022 LiveLaw (SC) 809 | C.A 5802/2022 | 29 September 2022 | Justices DY Chandrachud, A.S. Bopanna and J.B. Pardiwala

Click here to Read/Download Judgment