Will be a reminder of trauma and agony: Punjab and Haryana HC allows termination of pregnancy of a married woman who was allegedly sexually abused by her husband

In a groundbreaking verdict the High Court of Punjab and Haryana ordered the termination of pregnancy under the Medical Termination of Pregnancy Act, 1971. The verdict was announced by Justice Vinod S. Bhardwajsets a significant legal precedent in cases of unwanted pregnancies resulting from sexual assault or coercion.

In the words of Justice Bhardwaj: “Whether it’s shaping a victim’s trauma or prolonging it through the delivery of the child who is only destined to become a victim.”

The case concerned plaintiff Sumanpreet Kaur, who sought termination of her pregnancy of more than 15 weeks, citing provisions of the Medical Termination of Pregnancy Act, 1971. The plaintiff, represented by Mr. Sumit Puri, lawyer, argued that the pregnancy was the result of sexual assault by her husband and she was not ready to give birth to the child.

Justice Vinod S. Bhardwaj in his lengthy judgment quoted extensively the provisions of the Medical Termination of Pregnancy Act, 1971 and emphasized the rights of women in unwanted pregnancies. Referring to Section 3 of the Act, the judge highlighted that pregnancies can be terminated by private practitioners under certain conditions, including cases where the pregnancy lasts more than 20 weeks but not more than 24 weeks.

The court also referred to the Supreme Court’s ruling in the case Secretary, Department of Health and Family Welfare, Government of NCT of Delhi and another, This highlighted the importance of considering the mother’s mental and physical well-being in unwanted pregnancies resulting from sexual assault.

Justice Bhardwaj quoted the Supreme Court’s observations as saying: “This reduces the options and makes it seem wiser to allow abortion.” He further emphasized: “Whether it is to shape the trauma of a victim or to prolong it through the delivery of the child who is only destined to become a victim.”

The judgment also highlighted that the plaintiff was unwilling to continue the pregnancy as evidenced by her divorce petition filed in the Family Court in Amritsar. The court found that continuing the pregnancy would not only cause mental anguish to the plaintiff, but would also subject the child to a life of stigma and possible abuse.

Justice Bhardwaj in his remarks acknowledged the petitioner’s concern and stated: “The trauma and anguish she has suffered as a result of this unwanted relationship cannot be underestimated.” He also highlighted the petitioner’s young age and the potential lifelong consequences that the birth of an unwanted child could bring, particularly in the context of a coercive and abusive marital environment.

Justice Bhardwaj quoted the plaintiff’s application for a divorce decree filed in the Amritsar Family Court and emphasized the plaintiff’s firm resolve to end the unwanted relationship and move forward with her life. “Plaintiff is not willing to continue this relationship as evidenced by her divorce petition.” Justice Bhardwaj remarked, underscoring the petitioner’s desire to break out of the cycle of abuse and trauma.

The ruling also took into account the possible impact on the unborn child and recognized that the birth of a child in such circumstances could perpetuate a vicious cycle of suffering and humiliation. “The unborn child would be a constant reminder of the petitioner’s trauma and would likely face social stigma and incarceration.” Justice Bhardwaj remarked, highlighting the injustice of subjecting an innocent child to a life of hardship.

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Based on legal precedent and the principles of compassion and justice, the court ruled in favor of allowing an abortion, prioritizing the overall well-being and dignity of the plaintiff and the unborn child. “Life is not just about existence, but about living with dignity.” remarked Justice Bhardwaj, emphasizing the importance of upholding human dignity and compassion in judicial decisions.

In its directive, the court directed the Civil Surgeon of Amritsar Civil Hospital to make abortion easier by law. The petitioner was given freedom to seek financial assistance under the existing systems to ensure access to essential health services.

Case Name: XXX vs. STATE OF PUNJAB AND OTHERS

Case No.: CWP-10431-2024

Bench: Justice Vinod S. Bhardwaj

Order date: May 17, 2024