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Delhi High Court rules abortion rights protected during marital conflict, upholding woman's autonomy under Article 21.
The Delhi High Court ruled that a woman's right to abortion is protected even amid marital discord, stating that forcing her to continue a pregnancy violates her bodily integrity and worsens mental health.
In a January 6 decision, Justice Neena Bansal Krishna discharged a woman who terminated a 14-week pregnancy, affirming that the Medical Termination of Pregnancy Act does not require spousal consent.
The court held that emotional distress and intent to end the marriage—evidenced by medical records—constitute valid grounds under the law, and that a woman’s reproductive autonomy is a fundamental right under Article 21.
The judgment interprets "change of material circumstances" broadly to include marital breakdown, reinforcing that women must not face criminal prosecution for seeking abortions due to mental health concerns.
El Tribunal Superior de Delhi dictamina que los derechos al aborto están protegidos durante el conflicto matrimonial, defendiendo la autonomía de la mujer en virtud del Artículo 21.