Court orders review of partner’s accountability in pregnancy termination cases

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, focusses on two key areas: financial accountability of the partner and their involvement in the decision-making process.

Chandrachud emphasised that while women in marriages or live-in relationships can seek financial support from their partners, unmarried pregnant women who are not in a live-in arrangement have no legal recourse for financial assistance. This leaves many women to bear 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, financial responsibility for the male partner is only enforced after the birth of the child.

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

Regarding the participation of the partner in the abortion decision, Chandrachud cited Supreme Court rulings that affirm 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 on the woman, potentially undermining her autonomy.

Chandrachud suggested that an alternative could be to involve a community health worker, such as an Anganwadi worker, to provide support during the process instead of 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 the legal processes surrounding pregnancy termination.

The bench will hear the issue on October 18.