Suicide: A Crime?

 

WOMAN IS NOT A MACHINE IN WHICH RAW MATERIAL IN PUT AND A FINISHED PRODUCT COMES OUT.

 

 

            A girl after marriage loses her independence, likes, dis-likes everything and steps into a world of compromise just to settle her family, however in true sense it is the husband's family. She constantly cajoles her husband and her in-laws to please; becoming a mother is also decided by the husband only i.e., the father of the child not the mother of the child who keeps her child in her womb for nine months. But now it is proved wrong even legally by a Land mark Judgment passed by the Hon'ble Supreme Court, which gave a message  that women also can decide whether she wants to give birth or not.  

           

            Supreme Court dismissed a petition filed by a husband seeking damages from his estranged wife, who underwent an abortion without the consent of her husband. The Judgment ruled that an adult woman had an unimpeachable right to give birth or terminate pregnancy.

 

            The husband had claimed in his petition, for compensation from the estranged wife, her parents, brother and doctors for carrying out "illegal" termination of pregnancy without his consent and for which he had his strong objection. The Punjab and Haryana High Court had dismissed the husband's plea saying pregnancy termination was sole prerogative of the wife.

 

            The Supreme Court bench of Hon'ble Chief Justice Dipak Mishra, Justice A.M. Khanwilkar and Justice D. Y. Chandrachud upheld the decision of the High Court, which had said, "Keeping in view the strained relations between the husband and wife, the wife's decision to terminate the unwanted fetus was right. The termination of pregnancy had not soured the relations between the two, as it had already been strained. So, keeping in view, the legal position, it is held that no express or implied consent of the husband is required for getting pregnancy terminated under the Act."

 

            The CJI headed bench further fortified the High Court ruling by adding, "she is a mother and an adult who says she did not want the pregnancy. How can she or others be made liable for it? Even a mentally challenged woman has a right to terminate her pregnancy."

 

            The Punjab and Haryana High Court said, "This is a most unfortunate case where a husband has bought privileged acts and conducts of husband and wife in the court."

 

            Only woman has the right to give birth or terminate pregnancy husband's consent not needed.

 

            The Supreme Court upheld the Punjab and Haryana High Court's 2011 ruling that the woman's family and doctors cannot be held liable for the abortion.   

 

            The Judgment comes after the Supreme Court observed in July 2017 that "woman has a sacrosanct right to her body integrity and it's her choice" the bench in the present case stated that an adult woman had an impeachable right to give birth or terminate her pregnancy.

 

             The couple got married in 1994 and had a son in 1995. The case began with a matrimonial conflict in the year 1999 between the husband and wife which resulted in their separation. The wife moved out to live with her parents with her minor son. Afterwards, the wife filed an application under section 125 Cr Pc claiming maintenance from the husband. During the pendency of this application, the Lok Adalat in Chandigarh mediated and cajoled the couple to live together in the husband's house. It was during this period in January 2003, she discovered that she was pregnant. The differences between her and husband remained and there was no sign of recovery in their relationship. Therefore, the wife was determined to terminate her pregnancy.

 

            The Husband refused to sign the papers and filed a suit for a mandatory injunction restraining the wife from the procedure of abortion without his consent under the Medical Termination of Pregnancy Act (MTPA) and the suit was withdrawn. Later the husband filed a Civil Suit for recovery of Rs.30Lacs towards damages stating that he was under mental pain, agony and was subjected to harassment by his estranged wife, her parents, brothers and the doctors who performed the procedure of abortion under MTPA.

 

            The suit based on the fact the termination of pregnancy using the MTPA was done without the "Specific Consent" of the father and was performed in connivance with the respondents. He argued that the termination of pregnancy under the MTPA was illegal without the consent of the father of the unborn child.  

 

            In 2011, while the Civil suit, the Hon'ble High Court had stated "If the wife has consented to matrimonial sex.......... it does not mean that she has consented to conceive a child."

 

            It has added: "The woman is not a machine in which raw material is put and a finished product comes out, she could be mentally prepared to give birth to a child." Unwanted pregnancy would affect the woman's mental health, the High Court had ruled.       

           

            In my opinion the women deserves her concern for give birth a child or not. She can't see her child suffer due to the family problems. It is not easy for a mother to abort her pregnancy and the decision is also very hard for her, but she care for her child. So she takes such hard decision. In the above matter she is noticing her son's suffering, how can she repeat the same problem for her another child!!!!!