In a landmark judgment, the Delhi High Court rules in favor of Sanya Bhasin, recognizing mental health impacts from marital discord as valid grounds for abortion under the MTP Act.
In a significant ruling, the Delhi High Court has set aside the summoning order against Ms. Sanya Bhasin under Section 312 of the Indian Penal Code, recognizing her constitutional right to abortion amid marital discord. The judgment, delivered by Justice Neena Bansal Krishna, underscores the autonomy of women in making reproductive decisions, affirming that such choices are integral to their dignity and personal liberty as guaranteed under Article 21 of the Constitution of India.
The case arose when Mr. Himanshu Sarpal, the husband of Ms. Bhasin, filed a complaint alleging that she had terminated a 14-week pregnancy without his consent, citing marital discord as a reason. The initial summoning order by the Metropolitan Magistrate was upheld by the Additional Sessions Judge. However, the High Court intervened, emphasizing that the Medical Termination of Pregnancy (MTP) Act, 1971, provides for such a decision under specific conditions, including mental health considerations due to marital discord.
Justice Krishna, referencing multiple precedents, highlighted that a woman's reproductive autonomy is a constitutional right. The court noted that forcing a woman to continue an unwanted pregnancy constitutes a violation of her rights under Article 21. The decision also reflected the progressive interpretation of the MTP Act, which allows termination of pregnancy up to 20 weeks if it poses a risk to the woman's mental or physical health.
The judgment further elaborated on the societal and legal barriers women face in exercising their reproductive rights. It recognized the challenges posed by marital discord, which can significantly impact a woman's mental health, thereby validating her decision to terminate the pregnancy within the statutory limits.
This ruling is seen as a reaffirmation of women's rights and bodily autonomy, aligning with international human rights standards that prioritize the individual's choice and well-being over societal or familial pressures. Legal experts view the judgment as a crucial step towards ensuring that reproductive rights are respected and upheld, free from coercion or undue interference.
The Delhi High Court's decision not only clears Ms. Bhasin of the charges but also sets a precedent for similar cases, reinforcing the importance of mental health as a critical factor in reproductive decisions under the MTP Act.
Bottom Line:
The autonomy of a woman to seek abortion due to marital discord and its impact on her mental health is recognized under Article 21 of the Constitution of India, as well as under provisions of the Medical Termination of Pregnancy Act, 1971.
Statutory provision(s): Article 21 of the Constitution of India, Medical Termination of Pregnancy Act, 1971 Sections 3, 5, Indian Penal Code, 1860 Section 312, Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973)
Sanya Bhasin v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2833638
