Bombay HC Defends Pregnant Woman's Right to Be a Mom
Should a woman with below-average IQ be denied the opportunity to become a mother? This thought-provoking question was raised by the Bombay High Court on Tuesday while hearing a petition filed by the father of a 27-year-old unmarried woman. He sought permission to terminate her 21-week pregnancy, citing concerns about her mental capacity and ability to raise a child. Despite these concerns, the woman expressed her desire to continue the pregnancy.
Court's Observations: Consent Is Key
The division bench of Justices Ravindra Ghuge and Rajesh Patil stressed the importance of respecting the woman’s autonomy. The judges questioned the logic of denying parenting rights based solely on intellectual capacity, observing that such a decision could conflict with the law.
A low-IQ person can’t be a good parent, Really?? The court asked. They further clarified that under the Medical Termination of Pregnancy Act, pregnancies beyond 20 weeks can only be terminated in cases of mental illness or fetal abnormalities. The woman’s condition did not meet these criteria.
Background of the Case
The lady, who has been taking medicine since 2011, has not undergone any psychiatric counselling, the court said. A medical examination performed by a board at JJ Hospital stated she had a “borderline intellectual deficiency” with an IQ of 75. However, the report clarified that she was not mentally ill.
The medical board also found no congenital issues with the fetus and confirmed that both the woman and her unborn child were medically fit. While the board stated that termination was possible, it emphasized that it was not mandatory.
Focus on Family's Role
During the proceedings, the woman’s father’s advocate revealed that she had identified the father of her child and expressed a willingness to marry him. The court urged her parents to meet with the man and discuss the possibility of marriage, emphasizing that both parties were adults and capable of making their own decisions.
“You, as parents, have a responsibility to help her. You adopted her as an infant, and now she needs you,” the judges remarked.
Next Steps
The court has given the parents until January 13 to explore the possibility of marriage and present an update. The bench reiterated that the woman’s consent and wishes must remain the central focus in determining the outcome.
Conclusion
The Bombay High Court’s decision highlights the balance between parental authority and individual rights, especially in cases involving intellectual disabilities. By prioritizing the woman’s consent and autonomy, the court set a precedent that affirms the legal rights of individuals to make critical personal decisions, ensuring that such choices are respected and upheld by the law.
Source: Inputs from various media Sources
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
