The Delhi High Court has said that forcing a woman to continue with a pregnancy violates her bodily integrity and harms mental health, PTI reported.

The order was passed on Tuesday in a matter in which a man had filed a case against his wife after their separation for medically terminating her 14-week pregnancy.

While highlighting a woman’s autonomy to seek an abortion in cases of marital discord, Justice Neena Bansal Krishna said that the petitioner-wife could not be said to have committed an offence under Section 312 of the Indian Penal Code, which pertains to causing miscarriage.

The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita in July 2024.

The court observed that freedom of choice is an essential facet of personal autonomy, and that the control over reproduction is a basic need and right of all women, PTI reported.

It also said that the Medical Termination of Pregnancy Act does not require a woman to obtain her husband’s consent for terminating a pregnancy.

“If a woman does not want to continue with the pregnancy, then forcing her to do so represents a violation of the woman’s bodily integrity and aggravates her mental trauma,” PTI quoted the court as saying. “...which would be deleterious to her mental health.”

The court further said that there are “social, financial and other aspects” attached to a woman’s pregnancy, which, if “unwarranted”, can have serious repercussions, PTI reported.

“It undoubtedly affects mental health,” it added.