'Does below-average intelligence woman have no...': HC questions abortion request
What's the story
The Bombay High Court on Wednesday asked if a woman with an intellectual disability has no right to have a child.
Her adoptive father moved the court seeking termination of her 21-week pregnancy, prompting questions about the influence of intellectual ability on parental rights.
The court, headed by Justices R V Ghuge and Rajesh Patil, emphasized the importance of the woman's consent in the matter.
Medical report
Medical evaluation reveals woman's intellectual disability
A medical board at Mumbai's JJ Hospital evaluated the woman and found her IQ to be 75%. This means she has borderline intellectual disability but isn't mentally ill.
The medical report also confirmed that both the woman and her fetus are physically healthy, making the decision for pregnancy continuation or termination open.
The court also noted that since 2011, her parents had only given her medication, without psychological counseling/treatment.
Family dispute
Father's concerns and daughter's wishes clash in court
The woman's father argued in court that his daughter suffers from multiple mental disorders and is financially incapable of supporting a child due to his advanced age.
He also claimed she has been sexually active since her early teens.
However, the woman expressed her desire to continue with the pregnancy, revealing her partner's identity and expressing an intention to marry him.
Legal perspective
Court questions intelligence-based parental rights denial
The court questioned the validity of denying parental rights on the basis of intelligence, saying it would be against the law.
It referred to The Medical Termination of Pregnancy Act, which allows termination beyond 20 weeks only if the woman is mentally ill—something that doesn't apply in this case.
The court also advised the woman's parents to discuss potential marriage with her partner, reminding them of their responsibilities as adoptive parents.