Kerala High Court: The Kerala High Court dismissed the petition of an unmarried woman seeking authorization for a medical abortion, stating that social stigma or economic deprivation could not compel the court to violate the Medical Termination of Pregnancy Act’s prohibition on such procedures.
Regarding the petition:
The Kollam native’s writ petition was denied by the bench of Justice VG Arun on Monday, noting that the medical evidence is categorically opposed to the granting of permission for pregnancy abortion.
The judge remarked, “The Medical Board has categorically opined that the pregnancy is of 28 weeks duration with no foetal or maternal complications. In the absence of any medical reasons referable to the petitioner or the foetus, economic backwardness or possibility of social stigma cannot compel this court to transgress the statutory prohibition and grant permission for medical termination of pregnancy.’’
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What did the petitioner woman informed the court?
The petitioner woman informed the court that because of her family’s economic disadvantage, having a kid before getting married would be detrimental to both her future and the family’s sense of honour.
The petitioner claims that for the previous 12 months, she has been living with someone. Her pregnancy is the result of a consenting sexual encounter. She had sex with the man on the assumption that he would accept her religion and propose marriage to her. In violation of the commitment, it is claimed that the individual refused to wed the petitioner unless his demand for dowry was granted. Additionally, the petitioner claimed that her partner had a history of hitting her when intoxicated. In September of this year, she was eventually ejected from his home.
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