HC declines abused wife’s plea to terminate pregnancy
TIMES NEWS NETWORK
Mumbai: 21.06.2018
The Bombay high court on Tuesday refused to entertain the plea a 20-year-old woman, who claimed to be a victim of domestic violence, to medically terminate her 21-week “unwanted’’ pregnancy.
The woman didn’t want to get pregnant until she was educated and had a job, said her lawyer requesting anonymity. “She couldn’t take contraceptive pills as she has epilepsy and her husband refused to use contraception. We presented this as a case of failed contraception that could be treated as an exception in the Medical Termination of Pregnancy Act, but the court rejected the plea,’’ said the lawyer. The woman’s doctors also feared for her mental health if the pregnancy continued. The foetus had no medical anomaly.
On Wednesday evening, Malad-based gynecologist Dr Nikhil Datar posted a message on a social media site about the woman’s case. Stating the woman had registered a case of domestic violence against her husband, he wrote, “They disallowed her to continue her education. (They) kept her nearly in confinement till she went beyond 20 weeks of her pregnancy and then left her.’’ He said the woman came to him for advice after leaving her husband’s home. “However, her pregnancy was 21 weeks—beyond the permitted 20-week abortion deadline under the MTP Act,’’ said Dr Datar. “The cut-off seems illogical and arbitrary,’’ he added.
The woman’s lawyer told TOI that the woman was promised that she would be allowed to study after marriage and the couple would wait before having a child. “But she was forced to stop her studies, there was no use of contraception and she was subjected to violence as well as harassment for dowry,’’ the lawyer added.
“The court refused to entertain the plea stating the woman was married, the foetus had no anomaly and this case didn’t qualify as an exception,’’ the lawyer added.
TIMES NEWS NETWORK
Mumbai: 21.06.2018
The Bombay high court on Tuesday refused to entertain the plea a 20-year-old woman, who claimed to be a victim of domestic violence, to medically terminate her 21-week “unwanted’’ pregnancy.
The woman didn’t want to get pregnant until she was educated and had a job, said her lawyer requesting anonymity. “She couldn’t take contraceptive pills as she has epilepsy and her husband refused to use contraception. We presented this as a case of failed contraception that could be treated as an exception in the Medical Termination of Pregnancy Act, but the court rejected the plea,’’ said the lawyer. The woman’s doctors also feared for her mental health if the pregnancy continued. The foetus had no medical anomaly.
On Wednesday evening, Malad-based gynecologist Dr Nikhil Datar posted a message on a social media site about the woman’s case. Stating the woman had registered a case of domestic violence against her husband, he wrote, “They disallowed her to continue her education. (They) kept her nearly in confinement till she went beyond 20 weeks of her pregnancy and then left her.’’ He said the woman came to him for advice after leaving her husband’s home. “However, her pregnancy was 21 weeks—beyond the permitted 20-week abortion deadline under the MTP Act,’’ said Dr Datar. “The cut-off seems illogical and arbitrary,’’ he added.
The woman’s lawyer told TOI that the woman was promised that she would be allowed to study after marriage and the couple would wait before having a child. “But she was forced to stop her studies, there was no use of contraception and she was subjected to violence as well as harassment for dowry,’’ the lawyer added.
“The court refused to entertain the plea stating the woman was married, the foetus had no anomaly and this case didn’t qualify as an exception,’’ the lawyer added.
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