Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

The Delhi High Court noted that a pregnant woman's right to self-determination and physical autonomy are fundamental rights guaranteed by the Constitution, even as it permitted the woman to end her 22-week pregnancy from a temporary live-in relationship. 

The 27-year-old woman, who is legally married, was told by the court that she was dumped by her husband and that this pregnancy resulted from a live-in relationship; however, her partner has since vanished from sight.

Live in Relationship: What is it?

• The term "live-in relationship" mostly refers to the cohabitation without any promise to marriage. For a very long time, living together before to marriage was considered a criminal offense in India. 
• As the other nations accept the idea of live in relationship, India has not yet fully accepted the concept or the idea of a live-in relationship as a lawful or a legal union. 
• However, the Supreme Court of India has ordered as well as it ruled that living together with not getting married is neither illegal nor a criminal offence. Although unmarried partners do not have the same legal rights as married couples, they are nonetheless protected by the law when living together.

Why in the News?

• In Mrs C vs The Principal Secretary Health & Family Welfare Dept, Govt of NCT of Delhi & Ors case, in 2016, the woman got married and tied the knot, and in 2017, a daughter was born. Her husband later deserted her as well as their daughter behind. The case of the woman was that she had no idea or knowledge where her husband had gone.
• She requested for the termination of her pregnancy, claiming that because it was a result of her live-in relationship, it was highly undesirable and unacceptable. She expressed her worries as well as her concerns about the societal rejection as well as the societal shame she might anyway experience.
• She was highly unable to raise as well as take care of a second child because she comes from a very low-income family and as well as can also face significant financial difficulties.
• The mother applied for a medical termination of pregnancy according to the Medical Termination of Pregnancy Act, providing sole care for her seven-year-old daughter. 
• The woman sought a pregnancy termination from the doctors, but they denied because the foetus could not be terminated until the gestation period was longer than 20 weeks.

Delhi High Court Decision on Pregnancy Termination in Live in Relationship 

• The High Court of Delhi finally allowed and granted the writ petition in this particular case after taking into consideration case facts as well as the prior legal decisions. 
• The court however decided that the petitioner can have and proceed for the medical termination of her pregnancy at a hospital of her choice because she had been already informed of the most important risks involved in continuing the pregnancy as well as it also had chosen to proceed despite them. 
• The petitioner's mental as well as her physical health would be at a high risk if the pregnancy were to continue. 
• In the event of any further lawsuit, the court also granted protection to the physicians who had participated in this case as members of the Medical Board.
• The court also recognized that the MTP Act is meant to be a welfare law, designed to give women reproductive autonomy, which is closely related to bodily autonomy, which can be further connected to Article 21 of the Indian Constitution, which guarantees everyone the right to a life of dignity.

Sharks of Law is a one-stop legal resource that houses a wealth of knowledge on various laws as well as recent legal news with the best credentials in the field. You can find a lawyer who satisfies your legal needs with this law firm for online consultation. If you require legal advice in any areas of law, the lawyers at Sharks of Law have the experience to provide it.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993