The Madurai Bench of the Madras High Court has underscored the law does not compel motherhood and equally, it does not deny a competent adult woman the freedom to decide whether she wishes to continue a pregnancy.

“The Constitution places trust in the informed choice of the woman and recognises her autonomy as an indispensable component of dignity. The court is duty-bound to protect that choice,” the court said while permitting a 23-year-old woman from Tirunelveli district to terminate her pregnancy.

The court was hearing the petition filed by a man from Tirunelveli district who sought a direction to police not to harass him by compelling to lead a matrimonial life with the woman. Subsequently, the woman filed a petition seeking permission to terminate her pregnancy. The woman disclosed she had conceived during her relationship with the petitioner. The medical reports revealed she was approximately 15-weeks pregnant.

Justice L. Victoria Gowri said the petition before the court presents a distressing narrative arising out of a failed personal relationship between two young adults. “What commenced as a petition alleging police interference in the personal affairs of the petitioner subsequently unfolded into issues touching upon the bodily autonomy of an adult woman, reproductive choice, medical welfare and constitutional dignity,” the judge observed.

The court said the woman had expressed her unwillingness to continue with the pregnancy.

“The petitioner had consistently maintained his unwillingness to marry her or establish a family unit with her. In such circumstances, compelling the woman to continue an unwanted pregnancy despite her informed decision would amount to a direct intrusion into her bodily autonomy and decisional freedom.”

The judge said “the constitutional guarantee under Article 21 of the Constitution does not permit such an outcome. The reproductive choice of an adult woman is entitled to the highest degree of constitutional protection. The court is therefore satisfied that the request made by the woman deserves acceptance.”

Taking into account the woman was medically stable and medical termination can be undertaken safely in accordance with accepted medical protocols, the court directed the Dean, Tirunelveli Government Medical College Hospital to undertake medical termination of pregnancy of the woman in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971. The court also issued a further set of directions with regard to the treatment.

Taking into account the police had registered a case and the investigation in the case was in progress, the court directed the Dean to ensure appropriate foetal tissue and such other biological samples as may be medically and scientifically required were carefully preserved at the time of the procedure in accordance with established medical protocols. The court also issued a further set of directions in the case to the investigating officer.

The court made it clear it has not expressed any opinion whatsoever regarding the paternity of the foetus or the merits of the criminal case and all issues should be decided independently by the competent court on the basis of evidence and in accordance with law.