Mumbai: “Reproductive rights also include women’s rights to make decisions regarding reproduction of discrimination, coercion and violence.
Compulsion and violence are not always physical.
This can be concluded from the surrounding situation,” said the Bombay High Court while allowing victims of domestic violence 22 years old to stop the healthy fetus covering 23 weeks above his request that the continuation will cause mental trauma.
Parliament recently extended the cutoff under the termination of medical pregnancy (MTP) acting up to 24 weeks from 20.
But the new law has not yet come into force when the notification is awaited, the central government advisor, Purnima Awasthi, told HC.
HC records amendments and also that it provides MTP if continuation “will involve the risk of the life of pregnant women or a big injury to physical or mental health”.
The MTP law also stipulates that the women’s environment is examined to determine whether the pregnancy will pose a risk for him.
The action explains where the pregnancy is caused by rape, the sadness produced will be considered a big injury to its mental health.
HC said, “Rape is an example of extreme sexual violence in a woman.
Household violence is also committed to a woman even though the title may be lower.” The expression of “mental health” is a broader concept that includes the fold of “mental illness” , he said, added: “The legislature has consciously used the phrase ‘mental health’ in Section 3 (2) (b) (the giver when pregnancy can be ended by a registered practitioner) in contradictions on the ‘mental illness’ expression or’ mentally ill ‘.
“Mental health is not defined based on the MTP law.
Therefore, HC begs the meaning given by the World Health Organization (WHO) which defines mental health as a state of welfare where each individual realizes its own potential, can overcome the normal pressure of life, can work productively and useful.
, and able to contribute to the community.
The Supreme Court also consistently allowed MTPS which exceeded the 20-week ceiling where continuation would endanger Woma’s mental health, including the reason.
HC also previously thought that it could give permission to exceed 20 weeks if women’s health was at stake.
The woman, who married in January, has submitted a petition through Advocate Aditi Saxena, looking for permission to be canceled on the grounds that pregnancy has a negative impact on its mental health because it continues domestic violence.
The woman, daughter of two taxi drivers, also said she was looking for divorce.
He said if a child was born and because his absence would be difficult for him to raise the child because he did not have a source of income.
Saxena has quoted the 2018 HC verdict considered the bench.
The display of HC in the order of 2018 is “the freedom of a pregnant woman to make reproduction choices which are an integral part of Liberty Personal”.
It said the damage to his mental health formed a good legal land to allow MTP, if the other legal provisions in the law were met.
The JJ Hospital doctor doctor aimed at HC to examine the woman has suggested a continuation of pregnancy.
It clarifies that it “goes beyond” its authority to open other causes, regardless of medical causes, related to termination of pregnancy.
Directed by HC in August to undergo MTP at the Cooper Hospital, he was accepted on August 4, and was dismissed at August16 after the procedure.