Court Orders Review of Partner’s Role in Pregnancy Termination

Bombay High Court Orders Review of Partner’s Accountability in Pregnancy Termination Cases

A proposal presented by advocate Abhinav Chandrachud focuses on two primary areas: the financial accountability of the partner and their involvement in the decision-making process.

The Bombay High Court on Friday directed the Additional Solicitor General of Maharashtra to review a proposal regarding the involvement, accountability, and participation of male partners in cases under the Medical Termination of Pregnancy (MTP) Act.

The proposal, presented by advocate Abhinav Chandrachud, focuses on two key areas: financial accountability of the partner and their involvement in the decision-making process. Chandrachud emphasized that while women in marriages or live-in relationships can seek financial support from their partners, unmarried pregnant women not in a live-in arrangement have no legal recourse for financial assistance. This leaves many women bearing the cost of pregnancy-related expenses, such as medical consultations and sonography, on their own. In some cases, this financial burden may even compel them to terminate the pregnancy. Currently, the male partner’s financial responsibility is only enforced after the child is born.

Chandrachud argued that this legal gap leaves women disadvantaged, especially in situations where both partners are equally responsible for an unwanted pregnancy. He urged the court to introduce a statutory mechanism to hold male partners financially accountable during the pregnancy, regardless of relationship status.

Regarding the participation of the partner in abortion decisions, Chandrachud cited Supreme Court rulings affirming a woman’s sole right to decide whether to carry a pregnancy to term. He warned that involving the male partner too closely in this process could lead to undue influence or pressure, undermining her autonomy.

Chandrachud suggested that an alternative could be the involvement of a community health worker, such as an Anganwadi worker, to provide support during the process rather than mandating male partner involvement.

Last month, the court appointed Chandrachud as amicus curiae to explore ways for male partners to assume responsibility and participate in legal processes surrounding pregnancy termination.

The bench will hear the issue on October 18.

Aakhir Tak Editor-in-Chief

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