Her willingness, consent all that matters: HC on Punjab woman's plea for abortion
Chandigarh (PTI): It is the willingness and consent of a married woman that is all that matters, the Punjab and Haryana High Court has observed, while allowing a petitioner to undergo abortion without her husband's consent.
The direction came on a plea moved by the 21-year-old petitioner from Punjab, seeking permission to terminate her pregnancy in its second trimester.
The petitioner had submitted that she got married on May 2, 2025 and had a turbulent relationship with her husband.
In the previous hearing, the court had issued directions to the Post Graduate Institute of Medical Education and Research (PGIMER) to constitute a medical board to examine the petitioner.
According to the medical report, the woman was medically fit to undergo MTP (medical termination of pregnancy).
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According to the December 23 report, there is a single live intra-uterine foetus with a gestational age of 16 weeks and a day, with no congenital malformation.
"Patient has symptoms of depression and anxiety for the last six months, (and) has been undergoing treatment with minimal improvement. She is severely distressed about her pregnancy amidst divorce proceedings. It is recommended that she continues to undergo her psychiatric treatment and counselling. She is psychologically fit to consent," the report of the medical board said.
A bench of justice Suvir Sehgal said it is evident from the report that according to experts, the petitioner is in a fit medical condition for the termination of her pregnancy.
The sole question that requires to be considered is whether her estranged husband's consent is required before such termination, the court observed.
The Medical Termination of Pregnancy Act, 1971, does not provide for an express or implied consent of the husband, it pointed out.
"A married lady is the best judge to evaluate as to whether she intends to continue with pregnancy or get it aborted. Her willingness and consent is all that matters," the court noted.
It said according to the medical report, the gestation period of a foetus is less than 20 weeks and falls within the maximum period prescribed under the Act.
"This court, therefore, does not find any obstacle in permitting the petitioner to undergo abortion. In view of the above, it is directed that petitioner is eligible to get the pregnancy terminated from respondent No.2 -- PGIMER -- or any other authorised hospital," the order passed on December 24 said.
"Let the petitioner, within the next one week, get the medical termination of pregnancy from PGIMER, Chandigarh, or any other authorised hospital, which must take due care and precaution while conducting the procedure," the court added while disposing of the plea.
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Delhi court sentences Haryana gangster Vikas Gulia, associate to life imprisonment
New Delhi (PTI): A Delhi court has sentenced Haryana gangster Vikas Gulia and his associate to life imprisonment under MCOCA provisions, but refused the death penalty saying the offences did not fall under the category of 'rarest of the rare cases'.
Additional Sessions Judge Vandana Jain sentenced Gulia and Dhirpal alias Kana to rigorous imprisonment for life under Section 3 (punishment for organised crime) of the Maharashtra Control of Organised Crime Act (MCOCA).
In an order dated December 13, the judge said, "Death sentence can only be awarded in 'rarest of the rare cases' wherein the murder is committed in an extremely inhumane, barbarous, grotesque or dastardly manner as to arouse umbrage of the community at large."
The judge said that on weighing the aggravating and mitigating circumstances, it could be concluded that the present case did not fall under the category, and so, the death penalty could not be imposed upon the convicts.
"Thus, both the convicts are sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs 3 lakh each, for committing the offence under Section 3 of MCOCA," she said.
The public prosecutor, seeking the death penalty for both the accused, submitted that they were involved in several unlawful activities while they were on bail in other cases.
He argued that the accused had shown no respect for the law and acted without any fear of legal consequences, and therefore did not deserve any leniency from the court.
The court noted that both convicts were involved in offences of murder, attempt to murder, extortion, robbery, house trespass, and criminal intimidation. Besides, they had misused the liberty of interim bail granted to them by absconding.
It said, "The terror of the convicts was such that it created fear psychosis in the mind of the general public, and they lost complete faith in the law enforcement agencies and chose to accede to the illegal demands of convicts. Despite suffering losses, they could not gather the courage to depose against them."
The court noted that Gulia was involved in at least 18 criminal cases, while Dhirpal had links to 10 serious offences.
It underlined that MCOCA had been enacted "keeping in view the fact that organised crime had come up as a serious threat to society, as it knew no territorial boundaries and is fuelled by illegal wealth generated by committing the offence of extortion, contract killings, kidnapping for ransom, collection of protection money, murder, etc."
Both accused persons had been convicted on December 10 in a case registered at Najafgarh police station. The police filed a chargesheet under Section 3 (punishment for organised crime) and 4 (punishment for possessing unaccountable wealth on behalf of member of organised crime syndicate) of MCOCA.
