Chandigarh: In a landmark order, the Punjab and Haryana High Court has ruled that the consent of a husband is not required for a woman to undergo abortion. It is only the willingness and consent of a married woman that matters, the Court observed.
The Court was hearing a plea by a 21-year-old woman from Punjab, seeking permission to terminate her pregnancy in its second trimester. The woman submitted that she got married on May 2, 2025 and had a turbulent relationship with her husband, as reported by PTI.
During the previous hearing, the Court had issued directions to the Post Graduate Institute of Medical Education and Research (PGIMER) to constitute a medical board to examine the petitioner. The medical team declared the woman fit to undergo Medical Termination of Pregnancy (MTP).
There is a single live intra-uterine foetus with a gestational age of 16 weeks and a day, with no congenital malformation, the December 23 report stated.
“The patient has symptoms of depression and anxiety for the last six months, (and) has been undergoing treatment with minimal improvement. She is severely distressed about her pregnancy amidst divorce proceedings. It is recommended that she continues to undergo her psychiatric treatment and counselling. She is psychologically fit to consent,” the report further said.
The petitioner is in a fit medical condition for the termination of her pregnancy, the bench of Justice Suvir Sehgal observed after going through the report.
The sole question that requires to be considered is whether her estranged husband’s consent is required before such termination, it was observed. The Court then pointed out that the Medical Termination of Pregnancy Act, 1971, does not provide for an express or implied consent of the husband.
“A married lady is the best judge to evaluate whether she intends to continue with pregnancy or get it aborted. Her willingness and consent is all that matters,” the Court noted.
The medical report states that the gestation period of a foetus is less than 20 weeks and falls within the maximum period prescribed under the Act, the Court further observed.
“This court, therefore, does not find any obstacle in permitting the petitioner to undergo abortion. In view of the above, it is directed that petitioner is eligible to get the pregnancy terminated from respondent No 2 – PGIMER – or any other authorised hospital,” the Court ordered.
“Let the petitioner, within the next one week, get the medical termination of pregnancy from PGIMER, Chandigarh, or any other authorised hospital, which must take due care and precaution while conducting the procedure,” the court added while disposing of the plea.
