The Punjab and Haryana High Court has held that the consent of a married woman alone is sufficient for a medical termination of pregnancy, allowing a 21-year-old woman from Punjab to undergo an abortion without her husband’s approval.
The court was hearing a plea by the petitioner seeking permission to terminate her pregnancy in the second trimester. She told the court that she married on May 2, 2025, and that her relationship with her husband had been turbulent.
In an earlier hearing, the court had directed the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, to constitute a medical board to examine her.
The board reported that she was medically fit to undergo MTP. The December 23 report stated that there was a single live intra-uterine foetus with a gestational age of 16 weeks and a day, with no congenital malformation.
The medical board also recorded the petitioner’s mental health condition.
“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 said.
A bench of Justice Suvir Sehgal noted that the report made it clear that the petitioner was medically fit for termination of pregnancy.
The court framed the issue narrowly, observing that the only question was whether the consent of her estranged husband was required.
Referring to the Medical Termination of Pregnancy Act, 1971, the court said the law does not require express or implied consent of the husband.
“A married lady is the best judge to evaluate as to whether she intends to continue with pregnancy or get it aborted. Her willingness and consent is all that matters,” the court noted.
The court also pointed out that the gestation period was below 20 weeks and within the limit prescribed under the Act.
“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 order dated December 24 said.
It further directed, “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.”