Archive · 7 Aug 2025
High Court Examines Law on Abortions and Mental Health
In India, the law allows doctors to perform abortions if a woman's mental health is at risk.
A man from Hisar has filed a lawsuit, saying this law is unfair.
He believes that gynaecologists, who aren't experts in mental health, shouldn't decide on abortions based on mental health concerns.
He argues that only situations where the woman or the unborn baby's life is in danger should allow for an abortion.
The High Court is now asking the government for its opinion on this legal challenge.
Punjab and Haryana High Court seeks Union government's response.
A PIL challenges the provision allowing abortions based on presumed mental health injury.
Petitioner Deepak Kumar argues against Section 3(2) of the MTP Act.
The petitioner claims the provision violates Articles 14 and 21 of the Constitution.
Kumar wants abortions restricted to immediate life-threatening situations.
- Who
- Deepak Kumar is the petitioner challenging the law.
- What
- A legal challenge to abortion provisions based on presumed mental health risks.
- When
- Currently ongoing; the High Court is seeking the government's reply.
- Where
- Punjab and Haryana High Court.
- Why
- Kumar believes the current law is unconstitutional and allows for abortion based on insufficient grounds.
Petitioner's Stance
Current Legal Framework
Assessment Qualification
Petitioner's Stance
Gynaecologists are unqualified to assess mental health.
Current Legal Framework
The current legal framework allows gynaecologists to determine mental health injury.
Grounds for Abortion
Petitioner's Stance
Abortions should be restricted to life-threatening situations.
Current Legal Framework
Current law allows abortion for failed contraception or presumed mental distress.
- Court
- Punjab and Haryana High Court
- Petitioner
- Deepak Kumar
- Act Challenged
- Medical Termination of Pregnancy (MTP) Act, 1971, Section 3(2)
- Legal Challenge Focus
- Abortion based on presumed mental health injury
