57-year-old petitioner challenges provision allowing gynaecologists to clear abortions on presumed anguish from failed contraception; court issues notice to Centre, next hearing on Sept 16
by Manraj Grewal Sharma
August 6, 2025
The Punjab and Haryana High Court on Wednesday issued notice to the Union government on a Public Interest Litigation (PIL) filed by a 57-year-old Hisar resident challenging the legal provision that allows abortions based on presumed mental health injury without requiring evaluation by a psychiatrist.
Deepak Kumar, the petitioner, has sought a declaration that a key clause under the Medical Termination of Pregnancy (MTP) Act, 1971, particularly Section 3(2) and Explanation 1, is unconstitutional. He argues that the provision violates Articles 14 and 21 of the Constitution by allowing gynaecologists to terminate pregnancies on mental health grounds, even though they are not qualified to assess psychological conditions. He has also asked the court to rule that abortions should only be allowed when the life of the woman or the fetus is in immediate danger, not in cases of failed contraception or presumed mental anguish.