P&H HC issues notice on PIL challenging law allowing pregnancy termination on presumed mental health risk

The Punjab and Haryana High Court has issued notice to the Union government on a PIL challenging Section 3(2), Explanation 1 of the Medical Termination of Pregnancy (MTP) Act.

The plea argues that the law wrongly allows pregnancy termination based on a presumption of grave injury to a woman’s mental health by a doctor not qualified in psychology or psychiatry.

The petitioner contends that anguish cannot be automatically assumed, and the provision is being misused.

The Union government cited a Supreme Court ruling on abortion rights, but the petitioner clarified that the specific provision was not addressed in that case. The matter is posted for hearing on September 16.

[Deepak Kumar vs UOI & Another]