It’s a woman’s choice

Courts must respect a woman’s right to decide whether she wants to continue a pregnancyThree recent cases in High Courts show that women still do not always get to decide for themselves whether to have an abortion after 20 weeks of pregnancy.In 2022, the Supreme Court said that every woman, whether married or unmarried, has the right to decide whether she wants to have a child. This right is protected by the Constitution, which promises people dignity, privacy and personal freedom.Yet, four years later, the Bombay High Court had to ask for a change in an official form so that unmarried women could also apply for abortions. The court allowed one woman to have an abortion, but said its decision should not be treated as a rule for future cases. Why should a woman’s right to make decisions about her own body be treated as a special exception?In another case, the Bombay High Court refused an abortion to a woman whose husband had hidden the fact that he was already married. She left him and later discovered she was pregnant. The court rejected her request because she did not fit into certain legal categories, such as being divorced or separated. This raises an important question: should a woman be denied a choice because her personal situation does not fit neatly into the rules?In a third case, the Madhya Pradesh High Court allowed a married woman who was heading for a divorce to end a 13-week pregnancy. The court recognised that the decision belonged to her.These cases show that different courts sometimes interpret abortion laws differently. Doctors’ opinions, medical tests and judges’ personal views can all affect the outcome.But every woman’s situation is different. The Supreme Court has already made the basic principle clear: forcing a woman to continue an unwanted pregnancy goes against her right to make decisions about her own life and body.Courts must remember this and respect women’s freedom to make their own reproductive choices.Disclaimer: Views expressed above are the author's own.