Chandigarh: In a significant judgment strengthening women’s reproductive rights, the Punjab and Haryana High Court has ruled that a woman has the sole right to decide on abortion, even if she is married. The court made it clear that a husband’s consent is not required for medical termination of pregnancy and that the woman’s will and consent are paramount.
The ruling came on a petition filed by a 21-year-old married woman from Punjab, who sought permission to terminate her pregnancy during the second trimester. The petitioner informed the court that she was married in May 2025, but her relationship with her husband had deteriorated, and disputes were ongoing between them.
Medical Board Found Her Fit for Abortion
During an earlier hearing, the High Court had directed the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh, to constitute a medical board to examine the woman. As per the medical report, the woman was found medically fit to undergo medical termination of pregnancy (MTP). The report stated that the pregnancy was 16 weeks and one day old, with a live fetus and no congenital abnormalities.
Mental Health Considered Important
The medical board also noted that the woman had been suffering from depression and anxiety for the past six months and was undergoing treatment with minimal improvement. Amid ongoing divorce proceedings, the pregnancy had caused her significant mental distress. However, the board confirmed that she was mentally sound and capable of giving informed consent for the procedure.
Court’s Observations
Justice Suvir Sehgal, heading the bench, observed that the key question before the court was whether the consent of a separated husband is necessary before terminating a pregnancy. The court categorically held that the Medical Termination of Pregnancy Act, 1971, does not mandate either explicit or implied consent of the husband.
The High Court emphasized that a married woman is the best judge of whether she wants to continue with the pregnancy or opt for abortion, and her decision must be respected.
A Landmark Step for Women’s Rights
Legal experts believe this judgment is a landmark step towards reinforcing women’s autonomy over their bodies and reproductive choices. The decision is expected to serve as an important precedent in similar cases in the future, further strengthening the legal protection of women’s reproductive rights in India.