India News
The Bombay High Court recently heard a petition filed by a father seeking permission for his daughter, who has low intelligence, to undergo an abortion. The court raised the question of whether women with low IQ should be denied the right to become mothers. It commented that it would be illegal to state that women with lower intelligence should not have children.
In this case, a 27-year-old pregnant woman’s father approached the Bombay High Court, seeking permission for an abortion, claiming that his daughter’s low IQ and her unmarried status were reasons for the request. A division bench of Justices RV Ghuge and Rajesh Patil initiated a hearing. The court directed that a medical board from Mumbai’s JJ Hospital assess the woman’s mental health and submit a report by January 8.
The medical board’s report, presented to the court, confirmed that while the woman’s mental state appeared stable, her IQ was found to be lower than average, at 75. The report also noted that the fetus was 21 weeks old and abortion could still be considered.
Upon reviewing the medical report, the court affirmed that the woman’s mental health was sound, despite her low IQ. It stated that denying her the right to become a mother based solely on her IQ would be unconstitutional. The court further recommended that her parents speak to the man responsible for the pregnancy and encourage marriage.
Since both the woman and the man responsible for her pregnancy are adults, and the woman had voluntarily been in a relationship with him, the court clarified that this could not be deemed a criminal act. It also mentioned that if the man refuses to marry her, legal actions could be taken according to the law. The next hearing of the case has been scheduled for January 13.
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