Case Note & Summary
The petitioner, Sidra Mehboob Shaikh alias Sunita Raja Pramanik, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking permission for medical termination of her pregnancy. She alleged that she was subjected to domestic violence by her husband, which caused her mental distress and adversely affected her mental health. The pregnancy was beyond 20 weeks, and she relied on medical reports from H.B.T. Medical College and Dr. R. N. Cooper General Hospital, Mumbai, which recorded assault on her face and abdomen and her willingness to terminate the pregnancy. She had also filed a complaint under the Protection of Women from Domestic Violence Act, 2005, and was in the process of filing a divorce petition. The court directed the Dean of Sir J. J. Group of Hospitals to constitute a medical board to examine the petitioner. The medical board submitted a report on 27.07.2021 stating that the petitioner did not suffer from mental illness, was of sound mind, and had no mental incapacity to raise the child, but noted mental distress due to marital discord and recommended marital counselling. The petitioner's counsel argued that the medical board's opinion was not unanimous, as Dr. Bela Verma had a different individual opinion. The court considered the submissions and the medical report, and held that the continuing pregnancy due to domestic violence and marital discord constituted a grave injury to the mental health of the petitioner under Section 3(2)(i) of the Medical Termination of Pregnancy Act, 1971. The court allowed the petition and granted permission for medical termination of pregnancy at Sir J. J. Group of Hospitals, with the condition that the petitioner's consent be obtained and that the procedure be conducted safely. The court also directed that the foetus be preserved for DNA testing if required, and that the petitioner be provided with appropriate counselling.
Headnote
A) Medical Termination of Pregnancy - Grave Injury to Mental Health - Section 3(2)(i) Medical Termination of Pregnancy Act, 1971 - Domestic Violence - The petitioner sought termination of pregnancy alleging adverse impact on mental health due to domestic violence. Medical board opined no mental illness but noted mental distress. Court held that continuing pregnancy in such circumstances constitutes grave injury to mental health, and the woman's choice must be respected. (Paras 2-10) B) Medical Termination of Pregnancy - Medical Board Opinion - Weight of Opinion - Section 3(2)(i) Medical Termination of Pregnancy Act, 1971 - The medical board's report indicated mental distress and recommended marital counselling. Court found that the board's opinion was not unanimous and that the distress itself amounted to grave injury. The court emphasized that the woman's decision to terminate pregnancy due to domestic violence is a valid ground. (Paras 4-10) C) Constitutional Law - Right to Reproductive Autonomy - Article 21 Constitution of India - The court recognized that a woman's right to make reproductive choices is part of her personal liberty under Article 21. Forcing a woman to continue a pregnancy resulting from a violent relationship would violate her dignity and mental health. (Para 10)
Issue of Consideration
Whether a pregnant woman who has suffered domestic violence and marital discord is entitled to medical termination of pregnancy beyond 20 weeks on the ground of grave injury to her mental health under Section 3(2)(i) of the Medical Termination of Pregnancy Act, 1971, even when a medical board opines that she does not suffer from mental illness and is of sound mind.
Final Decision
The petition is allowed. The Dean of Sir J. J. Group of Hospitals, Mumbai is directed to carry out medical termination of pregnancy of the petitioner at the earliest, subject to the petitioner's consent. The procedure shall be conducted safely, and the foetus shall be preserved for DNA testing if required. The petitioner shall be provided with appropriate counselling.
Law Points
- Medical Termination of Pregnancy Act
- 1971
- Section 3(2)(i)
- grave injury to mental health
- domestic violence
- marital discord
- mental distress
- medical board opinion
- woman's choice
- reproductive autonomy
