Women can abandon unwanted pregnancy: Bombay High Court

Terminating baby in the primitive stage is considered to be a crime and for most people, it was considered to be a severe offense. Previously, the acknowledgment of both going-to-be father and mother was used to be mandatory to abort an infant. But now, giving more weight to the right of a woman over her body and baby both, the Bombay High Court has prescribed a historic judgment on child abortion.

On Tuesday, in response to a lawsuit filed against the right of a woman to abort her baby, the Bombay High Court said that every woman should be ought to be “permitted to quit an undesirable pregnancy independent of the reason. The court also stated that “Not allowing a woman to terminate her pregnancy amounts to a grave injury to her mental health.” The court also clarified that the law gives a valuable right to a pregnant lady to say no to motherhood.

The choice of a woman to terminate her pregnancy is not paltry or a serious offense to humanity. While the cases of death caused by the premature birth are kept on being the most troublesome circumstance for every woman, the Bombay high court has taken a remarkable step forward for accommodating the real need of motherhood. The High Court in the judgment ordered the Jail authorities not to wait for the order of the courts to send a prisoner woman to the hospital but rather to send ladies prisoners to the nearest hospital if they try to end a pregnancy inside the due date set by law.

With the consideration of saving a dignity, privacy, right, and bodily integrity, HC on Tuesday took a stand for the support of removing unwanted pregnancy by the mother. The court cleared that, as a woman has the complete right to her body and if she is not ready for affording the child or her body is not compatible for sustaining an infant, then she can go for an abortion, which is neither an offense nor a crime.

The HC in the result day also said that a lady detainee ought not to be dealt separately than other pregnant ladies. Motherhood is a privileged factor for every woman, and if she doesn’t want to take this privilege, her decision should be considered. In the Article 21 of Indian Constitution, it is described that every human being has ‘right to live’ and this decision emerges from the fundamental human right to live with self-respect as other person does in the society.

The bench of the High Court was made of two chief justices including Justices V K Tahilramani and Mridula Bhatkar. The Bench in its judgment said that “If a woman does not want to continue with a pregnancy, forcing her to do so represents a violation of the woman’s bodily integrity and aggravates her mental trauma which would be deleterious to her mental health.”

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