Court Upholds Woman's Right to Abortion Without Spousal Consent

The Punjab and Haryana High Court ruled that a married woman's consent is sufficient for abortion, allowing a 21-year-old from Punjab to terminate her pregnancy without her husband's approval. Her medical and psychological fitness were confirmed, and the court dismissed the need for spousal consent under the Medical Termination of Pregnancy Act.


Devdiscourse News Desk | Chandigarh | Updated: 01-01-2026 15:47 IST | Created: 01-01-2026 15:47 IST
Court Upholds Woman's Right to Abortion Without Spousal Consent
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The Punjab and Haryana High Court has affirmed the autonomy of married women in abortion decisions, ruling that a woman's consent is paramount, not her husband's. This verdict came as the court permitted a 21-year-old petitioner to terminate her second-trimester pregnancy despite turbulent matrimonial circumstances.

The court's decision was influenced by a report from the Post Graduate Institute of Medical Education and Research, confirming the woman's medical and psychological readiness for abortion. The Medical Termination of Pregnancy Act, 1971, does not necessitate spousal consent, the court noted.

Justice Suvir Sehgal emphasized that a married woman is best suited to decide her pregnancy's continuation. With the gestational age within legal limits, the court facilitated the petitioner's abortion at an authorized medical facility, recognizing her well-being amid divorce proceedings.

(With inputs from agencies.)

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