2 hrs ago
Allahabad High Court Denies Abortion Plea, Orders Counselling and Support
A woman who was about 20 weeks pregnant asked a court to let her end her pregnancy.
She said her husband and his family had treated her badly and that she could not afford to raise a child.
Her husband denied the claims and said he would help support her and the baby.
The Allahabad High Court refused to order an abortion.
The judges said they had to consider her choices and health as well as the developing baby.
They said the evidence did not show that continuing the pregnancy would seriously harm her health.
The court ordered free counselling for the couple.
It also ordered that Rs 12,000 each month be taken from her husband’s salary for her expenses.
The Allahabad High Court denied a 24-year-old married woman’s request to terminate a pregnancy of about 20 weeks.
She alleged cruelty, assault and mental harassment by her husband, a police constable, and his family; her husband denied the allegations.
The bench said reproductive autonomy must be considered alongside the developing foetus and the woman’s health and well-being.
The court said the evidence did not establish that continuing the pregnancy would seriously harm her physical or mental health.
It directed free marital counselling and ordered a monthly deduction of Rs 12,000 from her husband’s salary for her expenses.
- Who
- A 24-year-old woman and her husband, a police constable; the case was decided by Justices J J Munir and Indrajeet Shukla.
- What
- The Allahabad High Court denied her request to terminate her pregnancy and ordered counselling and monthly financial support.
- Where
- Allahabad High Court, India.
- When
- The court gave its decision on October 5; the article does not specify the year.
- Why
- The court said the evidence did not show that continuing the pregnancy would seriously harm her health, and noted her husband agreed to provide financial support.
Woman’s position
Husband’s position
Allegations of mistreatment
Woman’s position
She alleged that her husband and in-laws subjected her to physical and mental cruelty, including assault.
Husband’s position
Her husband denied the allegations and described the situation as the result of a minor misunderstanding.
Request to end the pregnancy
Woman’s position
She said she did not wish to continue the pregnancy and invoked her bodily autonomy and reproductive rights, as well as emotional and financial hardship.
Husband’s position
He opposed the request, disputed her claims and said he would support her and the child.
Court’s assessment
Woman’s position
The woman argued that her circumstances meant she was not in a mental state to continue the pregnancy.
Husband’s position
The court found insufficient evidence that continuing the pregnancy would seriously harm her physical or mental health and declined termination.
Key facts
- Pregnancy
- About 20 weeks
- Woman’s age
- 24
- Marriage
- May of the year reported
- Husband’s occupation
- Police constable
- Husband’s stated monthly earnings
- Around Rs 40,000
- Monthly support ordered
- Rs 12,000 deducted from the husband’s salary for the woman’s expenses
- Additional direction
- Authorities were directed to arrange free marital counselling
Quotes
Allahabad High Court bench
Justices J J Munir and Indrajeet Shukla, who heard the woman’s plea
“A medical termination of pregnancy is not the only panacea for emotional distress due to marital discord, and for that suitable clinical or other marital counselling can be done. In the modern age, even such psychologists are posted under the institutions run by the Government.”
indianexpress.com
Mother Teresa
Catholic nun and Nobel Peace Prize laureate, quoted by the court
“The greatest destroyer of peace today is abortion, because it is a war against the child, a direct killing of innocent child, murder by the mother herself…”
indianexpress.com
Sources
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