Lawful Abortion Cannot be Criminalised, Foetus’ Rights Not Above Woman’s: Delhi High Court

Delhi High Court held that forcing a woman to continue with an unwanted pregnancy violates her bodily autonomy and personal liberty under Article 21.

The Court quashed criminal proceedings under Section 312 IPC against a woman who terminated her 14-week pregnancy, after her estranged husband alleged that the abortion was done without his consent. 

The Bench observed that decisions relating to pregnancy, fertility, and motherhood lie solely with the woman, and compelling her to continue a pregnancy aggravates mental trauma, particularly in situations of marital discord.

The Court held that a lawful abortion carried out under the Medical Termination of Pregnancy Act cannot be criminalised, and that the rights of an unborn foetus cannot be placed above those of a living woman.

[Sanya Bhasin v. The State & Anr.]