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Currently the largest court of the country from the scope of Indian Judiciary and Family Laws i.e. Supreme Court A very sensitive, poignant and big news with far reaching legal implications is coming out. The country’s top court has made very clear and strict remarks while hearing a petition seeking permission for abortion after more than 6 months i.e. in a serious and advanced stage of pregnancy. The Supreme Court has bluntly said that mutual quarrel between husband and wife, matrimonial discord or domestic discord can never be a legal or moral basis for abortion. The court also raised an important question during the hearing that if permission is given to end the life of a healthy baby in the womb only because of disputes between husband and wife, then in what direction will our society move forward. In this much discussed case, the court has also said many important things regarding the rights of the father and the protection of the unborn child. Let us know in detail what comments this bench of the Supreme Court has made during the hearing and what is the background of this entire legal dispute.
Hearing in Supreme Court regarding pregnancy of more than 6 months and demand for abortion
This entire legal matter came to light when a married woman approached the Supreme Court seeking permission for legal termination of her more than 6 months i.e. almost advanced pregnancy (Medical Termination of Pregnancy). The woman had alleged in her petition that her husband and in-laws misbehave with her and torture her mentally, due to which she does not want to give birth to this child and wants divorce from her husband.
On the other hand, strongly opposing this petition, the woman’s husband presented his side in the court and said that the father also has full rights over the unborn child in the womb. The husband assured the court that after the birth of the child, he is fully prepared to take full responsibility of the child and take proper care of it, hence he requested the court not to allow the abortion. Considering the seriousness of this matter, the Supreme Court bench also spoke directly to the petitioner woman through video conferencing and tried to know her thoughts.
“Can a dispute between husband and wife become a reason for abortion?”: Justice B.V. Nagarathna and Justice R. Mahadevan’s strict comment
Hearing of this sensitive matter Justice B.V. Nagarathna (Justice BV Nagarathna) And Justice R. Justice R. Mahadevan Is benching. During the hearing on Monday, the Supreme Court judges raised tough questions, drawing a very fine and important legal line between marital disputes and abortion rights.
The bench clearly stated that the circumstances under which abortion can be legally permitted are well-defined—such as in cases of rape or sexual assault, or when medical reports prove that the fetus has a serious or incurable physical disability or medical complication. But this case is completely different from all those categories. Making a scathing comment, the court said, “If a woman takes the decision of abortion just because her husband and in-laws misbehave with her or there is mutual discord between them, then in what direction are we heading as a society? It may be a common thing for husband and wife to have discord and bitter words against each other, but it does not mean that a pregnancy of more than six months should be terminated on this basis.”
The court deliberated seriously on the rights and social responsibilities of the father on the unborn child.
During the hearing, the Supreme Court also laid special emphasis on the fact that when there is life in a fetus for more than six months, it includes the moral and legal rights of not only the mother but also the biological father. The court, in its oral observation, said that this case is neither of any kind of sexual harassment nor of a single woman becoming pregnant, where the question of social security is paramount.
The bench said that when the husband is saying in writing and orally in the court that he is ready to take full responsibility for the upbringing of the child, then abortion cannot be allowed only on the basis of mutual differences and quarrels between the husband and wife. The court also underlined that the judiciary has to adopt a very balanced and far-sighted approach in such cases, because on one hand there is a question of mental health and dignity of the woman, on the other hand it is an equally big responsibility of the court to protect the right to a new life and the moral fabric of the society.
Big instructions from the court regarding the allegations against the character and reconciliation
The main root of this legal dispute was some questions raised and allegations made by the husband on his wife’s character, due to which the mental stress of the woman increased further. The woman said that she did not want to give birth to her child in this humiliating environment and wanted to get free from marital bondage immediately.
Understanding the pain of the woman, the Supreme Court bench gave a stern warning to the husband and said that if he wants to save his married life and take the first positive step towards reconciliation, then he will first have to file a formal affidavit in the court. Through this affidavit, the husband will have to officially withdraw all the objectionable and baseless allegations made against his wife. Keeping in view the sensitivity of this matter, the Supreme Court has fixed Wednesday for the next hearing, on which all eyes are fixed whether the couple will forget their differences and make a new beginning or the legal battle will go ahead.