Husband's consent not required for abortion under MTP Act: SC
The SC dismissed a man's petition seeking damages from his wife for undergoing abortion without his consent. It observed she was an adult and couldn't be forced to give birth, noting the couple had marital discord even prior to the abortion. Earlier, an HC had ordered him to pay Rs. 25,000 to his wife, her mother, brother and two doctors whom he had sued.
The 1994-married couple had their first child in 1995. But the mother-son moved to her parents' home in 1999 due to discord. After a Lok Adalat mediated, they started staying together in November'02, and discovered in March'03 that she was pregnant. However, relations remained disturbed, so she wanted to abort but he objected. Her parents then took her home and she underwent an abortion.
The MTP Act allows a woman to undergo abortion up to 12 weeks of pregnancy, and up to 20 weeks after approval by two medical practitioners. Abortions are allowed if the pregnancy would endanger the woman's life and health, or if the unborn child is at risk of severe abnormalities. For married women, contraceptive failure is considered "grave injury" to her mental health.
The husband then sued his wife, her mother and brother as well as two doctors over the "illegal" abortion and demanded Rs. 30L for mental agony. He hadn't signed the abortion papers and his wife didn't medically need the procedure, he argued.
The Punjab and Haryana HC upheld the woman's right to undergo abortion. "If she has consented to matrimonial sex...it doesn't mean she has consented to conceive." The SC concurred, observing the husband's consent isn't required under the MTP Act. "Even a mentally challenged woman has a right to terminate pregnancy." It took into consideration the fact that their relations suffered even before the abortion.
