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The woman’s father told the Bombay High Court that his daughter was mentally unwell. Although she wants to continue the pregnancy.
The Bombay High Court, during a hearing on Wednesday, asked the petitioner whether a mentally challenged woman does not have the right to become a mother. If we say that a mentally retarded person does not have the right to become a parent, then it would be against the law.
Justice R.V. The division bench of Justice Ghuge and Justice Rajesh Patil was hearing a petition filed by the father of the 27-year-old woman. The woman is 21 weeks pregnant and her father is asking for permission to have an abortion, saying she is mentally weak.
The father’s argument was that his daughter was mentally unwell and unmarried. She told in the last hearing that her daughter wanted to continue the pregnancy. After this, the bench ordered the medical board of JJ Hospital to examine the woman.
Woman medically fit to continue pregnancy According to the report presented by the medical board on Wednesday, the woman is not mentally unhealthy or ill, but is on the border of intellectual disability with 75% IQ. At the same time, there is no problem in the development of the fetus. The woman is medically fit to continue the pregnancy.
However, the report also says that the pregnancy can be terminated. Advocate Prachi Tatke told the court that in such cases the consent of the pregnant woman is most important. According to the rules, abortion is allowed if the woman is 20 weeks pregnant and is mentally ill.
The woman was only on medicines since 2011 The bench said that the woman’s parents did not take her for any psychological counseling nor got her treated. Since 2011 he has been kept only on medicines. The court said, it has been stated in the report that the intelligence of the woman is below average. But no person can be very intelligent. We are all human and everyone’s level of intelligence is different.
The court advised the father to meet the father of the unborn child. When the petitioner told that the woman had revealed the name of the child’s father, the court advised him to meet and talk to that person. The court said that as a parent, take initiative and talk to that person. They are both adults. This is not a crime.
The court also said that the petitioner’s parents had adopted the woman when she was a five-month-old baby. Now they should perform their duty. The next hearing of the case will now be on January 13.
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Also read this news related to abortion-
Abortion is not allowed to a 32 weeks pregnant woman: Supreme Court said – If you do not want to keep the child, then give it for adoption after 2 weeks.
A bench of Justice Bela Trivedi and Justice Prasanna Bhalchandra Varale heard the case.
The Supreme Court on Wednesday (January 31) rejected the abortion petition of a 26-year-old pregnant widow. The bench of Justice Bela Trivedi and Justice Prasanna Bhalchandra Varale said that the pregnancy is now 32 weeks old. It’s just a matter of two weeks, after which you can give it for adoption. Read the full news-
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