High Court Debates: Rights of Women with Intellectual Disabilities to Motherhood

The Bombay High Court deliberated on the rights of a woman with borderline intellectual disability to become a mother. Her father sought termination of her 21-week pregnancy, citing her mental state. However, a medical board declared her fit for pregnancy, emphasizing the importance of her consent.

The Bombay High Court deliberated on whether a woman with intellectual disability should have the right to become a mother. A division bench, comprising Justices R V Ghuge and Rajesh Patil, examined a petition filed by a 27-year-old woman's father, who sought medical termination of her 21-week pregnancy due to her mental capacity and unmarried status.

A medical board at JJ Hospital, after examination, indicated the woman is not mentally unsound but diagnosed her with borderline intellectual disability, with an IQ of 75. Despite no recorded foetal abnormalities, the father raised concerns over her capability to make informed decisions. The court emphasized the need for psychological support, noting her history of being on medication without counseling since 2011.

Additional government pleader Prachi Tatke insisted on the significance of the woman's consent. The judiciary highlighted that individuals with below-average intelligence are entitled to parentage rights under the law. The court suggested her parents engage with the man responsible for the pregnancy, acknowledging the woman's disclosure of his identity. Further deliberations are set for January 13.

(With inputs from agencies.)