Mental Health Impact: The Bombay High Court has allowed a woman who filed for divorce after experiencing domestic abuse to terminate her pregnancy. The Bombay High Court recently granted a domestic abuse victim the right to abort her 23-week-old pregnancy after learning that she had filed for divorce from her husband, who refused to share the cost of raising the kid (XYZ v. the State of Maharashtra). The petitioner had requested a medical termination of her pregnancy on the grounds that her mental health was being harmed by ongoing domestic abuse aggravated by the pregnancy.
The Court concluded that mental health' is more than just the absence of mental disorders or illness and that the effect of pregnancy on the woman's mental health,' rather than mental illness,' must be considered under Section 3(2)(b)(i) of the Medical Termination of Pregnancy Act when deciding whether to allow termination of a pregnancy older than 20 weeks. The petitioner was subjected to domestic abuse by her spouse, according to Aditi Saxena, who represented her. The petitioner had also filed complaints with the appropriate Magistrate, and she was in the process of submitting a petition for divorce by decree of dissolution. "Petitioner has undergone mental anguish owing to marital conflict," according to a medical board from JJ Hospital that was formed to assess her mental ability to proceed with the pregnancy. They did say, however, that "it is recommended to continue with the pregnancy," and that "it is beyond their jurisdiction to pronounce on any other grounds aside than medical cause with reference to pregnancy termination."
The Court considered the relevant section of the Act - Section 3(2)(b) - after carefully reading the Board's judgment (i). Pregnancies between 20 and 24 weeks can be terminated under Section 3(2)(b)(i), which was revised earlier this year if two licensed medical practitioners determine that continuing the pregnancy would pose a risk to the pregnant woman's life or significant harm to her bodily or mental health. The term employed in the clause is mental health,' not a mental disease,' as the High Court pointed out. Given the evidence and circumstances, the Court allowed the petitioner to have her pregnancy medically terminated at Dr. RN Cooper Hospital in Mumbai without further delay.
Tags : #Bombay High Court #Justice Ujjal Bhuyan #Domestic Violence #Termination of Pregnancy #Justice Madhav Jamdar