The Punjab and Haryana High Court has granted a woman’s request to terminate her 28-week pregnancy under the Medical Termination of Pregnancy (MTP) Act, despite the legal limit of 24 weeks. The court ruled that the challenges faced by a woman awaiting divorce are similar to those faced by a woman who has already divorced, emphasizing that reproductive rights fall under personal liberty as per Article 21 of the Indian Constitution.
Justice Vinod S. Bhardwaj’s decision came in a case where the petitioner, married in January 2024, faced severe marital discord and harassment from her husband and in-laws. Her husband left for Dubai, abandoning her and refusing financial support. The petitioner, who was unable to file for divorce due to the mandatory one-year waiting period, argued that continuing the pregnancy would impose a severe financial and social burden on her.
The court considered the unique circumstances and referenced the Supreme Court ruling in Sarmistha Chakrabortty v. Union of India (2018), affirming a woman’s right to reproductive choice. It acknowledged that the petitioner’s situation, involving abandonment and financial dependence, warranted an exception to the 24-week limit.
Consequently, the court permitted the woman to seek a medical board’s approval for the termination of her pregnancy.
