SAKSHI PARDHE
27 MARCH 2025
India’s reproductive rights framework, particularly concerning abortion laws, intricately intersects with mental health considerations, leading to complex legal and ethical scenarios.
Legal Framework and Mental Health Provisions
The Medical Termination of Pregnancy (MTP) Act governs abortion in India. Under this Act, pregnancies up to 20 weeks can be terminated with the approval of a registered medical practitioner. For certain categories of women, including those whose marital status has changed due to widowhood or divorce, the Act permits termination up to 24 weeks. Mental health is a recognized ground for abortion; if the continuation of a pregnancy poses a risk to a woman’s mental well-being, it can be a valid reason for termination.
Judicial Interpretations
Recent court rulings have underscored the significance of mental health in abortion decisions:
- Delhi High Court Ruling (January 2024): A 23-year-old widow was permitted to terminate her 29-week pregnancy due to severe mental trauma and suicidal tendencies following her husband’s death. The court emphasized that continuing the pregnancy could impair her mental stability.
- Bombay High Court Ruling (February 2025): A 19-year-old woman was allowed to terminate her 23-week pregnancy due to significant mental distress and severe fetal anomalies. The court highlighted that continuing an unwanted pregnancy could cause severe mental distress.
Challenges for Women with Disabilities
Women with intellectual and psychosocial disabilities face additional hurdles under the MTP Act. The Act mandates written consent from a guardian for terminating pregnancies in “mentally ill” women, a term that lacks a clear definition, leading to potential misinterpretations and infringements on autonomy.Activists argue that this provision imposes a form of guardianship, undermining the reproductive rights of women with disabilities.
Conclusion
While India’s abortion laws acknowledge mental health as a critical factor, inconsistencies and ambiguities, especially concerning women with disabilities, present challenges. Recent judicial decisions reflect a progressive understanding of mental health in reproductive rights, yet systemic reforms are necessary to ensure clarity and uphold the autonomy of all women.
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