Court Permits Married Woman to Terminate Pregnancy Without Husband's Consent Under MTP Act
In a landmark judgment, the Punjab and Haryana High Court has reaffirmed the autonomy of married women to make decisions regarding their pregnancies without requiring the consent of their husbands. The court's decision came in response to a writ petition filed by Gurpreet Kaur, a 21-year-old woman seeking permission to terminate her pregnancy during the second trimester due to personal and psychological distress amidst divorce proceedings.
Presiding Judge Mr. Suvir Sehgal, J. delivered the ruling on December 24, 2025, permitting the petitioner to proceed with the medical termination of her pregnancy at PGIMER, Chandigarh, or any other authorized facility. The court based its decision on the Medical Termination of Pregnancy Act, 1971, which does not mandate the husband's consent for such procedures.
The court's verdict was influenced by a comprehensive report from a Medical Board at PGIMER, which confirmed that the petitioner was medically and psychologically fit to undergo the procedure. The report detailed that the fetus was 16 weeks and 1 day old, and the petitioner was experiencing severe distress related to her pregnancy amid ongoing divorce proceedings.
The judgment emphasized that the Medical Termination of Pregnancy Act places the decision-making power squarely in the hands of the pregnant woman, allowing her to evaluate the circumstances and make an informed choice about continuing or terminating her pregnancy. Citing previous cases like "Dr. Mangla Dogra v. Anil Kumar Malhotra" and "Gurdev Kaur v. State of Punjab," the court reiterated that the Act does not require the husband's express or implied consent.
The court also directed that the procedure should be conducted with due care and precaution within a week at an authorized hospital. This ruling highlights the judiciary's commitment to upholding women's rights and autonomy in personal health decisions.
Bottom Line:
Consent of the husband is not required for a married woman seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971. A married woman has the sole authority to decide whether to continue or terminate her pregnancy.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971, Section 3
Gurpreet Kaur v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2829057
