Abortion in india

As per the scenario that you've explained above, let me bring your attention towards two similar issues that came before the apex court of the country (i.e. Supreme Court of India) and the Punjab & Harayana High Court.

In the case of Anil Kumar Malhotra v. Ajay Pasricha, the Supreme Court of India on 27th October, 2017 dismissed the man’s (husband) petition who was seeking damages from his wife as she had terminated her pregnancy without his consent.

The husband had argued that the pregnancy was illegal as per the Medical Termination of Pregnancy Act (MTP Act), 1971 as the specific consent of the father of the unborn child was not obtained, as well as the termination was not of any medical need/urgency.
Due to which he moved forward to file a suit claiming Rs 30 lakhs against his wife (including her parents and her brother) along with the medical, for the damages as well as the mental agony caused due to the ‘illegal termination’ which was ‘cruel against.

He concluded the argument stating that such a termination was not only illegal but also unethical.

Moreover, in 2011, a similar issue related to the requirement of consent of a husband for abortion came in front of the Punjab & Harayana High Court.

The actual issue in this matter was that - “whether the express consent of the husband is required for unwanted pregnancy to be terminated by a wife?”

The Punjab & Harayana High Court noted that under Section 3(4)(b) of the MTP Act, only the Consent of the Pregnant Woman Undergoing the Termination of Pregnancy is Required.

Therefore, the consent of the husband is no longer required for abortion, as the termination of pregnancy is totally relies upon the consent of the Pregnant Woman herself.

I'm leaving a link related to abortion laws in India down below for your reference, do have a look for a better understanding -
https://www.lawyersclubindia.com/articles/details.asp?mod_id=13767

Hope It Helps

Regards
Kevin M. Paul

The decision is exclusive of the person that has to undergo the turmoil and other health problems.  Only some nearest relative should sign that she has consented to the operation and after hearing. getting details of risks involved.  This is just a formality.  When a married woman can sleep with another man as per law with her consent and the law treated it as an individual right, there is no illegality in getting an abortion.  The individual should think twice and discuss with friends and relatives whether abortion is the only option, as abortion is having it's own problems in conceiving at a later date, in spite of all precautions and expertise.  It also depends on months of pregnancy and after 6 months it is extremely risky..  This may affect mentally also for traditional persons as this amounts to killing unborn child.

1. Adult women do not require the consent of any family member or partner to receive abortion services.

2. The MTP Act legalizes abortion up to 20 weeks of pregnancy under certain conditions.

Section (4) of the MTP Act states that: a) No pregnancy of a woman, who has not attained the age of eighteen years, or, who, having attained the age of eighteen years, is a mentally ill person, shall be terminated except with the consent in writing of her guardian. (b) Save as otherwise provided in C1.(a), no pregnancy shall be terminated except with the consent of the pregnant woman.

Thus Section 4 clearly states that while consent is a prerequisite, adult women of sound mind do not require consent from anyone to terminate the pregnancy under the existing MTP Act. Minors and mentally ill women require the consent of their guardians