Her body, her choice: Why a woman’s right to terminate her pregnancy must be upheld
For abortions within 24 weeks of gestation, there is no legal requirement for pregnant persons to approach courts for permission. Yet, the petitioner in a recent case was forced to approach the Supreme Court, as healthcare providers disregarded her decisional autonomy to terminate her pregnancy.
Written by Dipika Jain
October 15, 2023
A 27-year-old married woman, mother of a four-year-old and a one-year-old, filed a petition with the Supreme Court to terminate an unplanned and unwanted pregnancy. Her husband was the sole earning member of the family, supporting the family, his sister and his mother. The petitioner discovered her pregnancy late due to Lactational Amenorrhea, a condition where breastfeeding suppresses menstruation. She was dealing with postpartum depression and was not mentally prepared to have a third child, which led to a suicide attempt. She approached several healthcare providers to terminate her pregnancy, but most doctors declined as she was 20 weeks pregnant. On October 4, 2023, she approached the Supreme Court seeking permission for abortion under the Medical Termination of Pregnancy Act along with the associated Rules.