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Synopsis

The Bombay High Court has recently appointed Dr. Abhinav Chandrachud to assist the court in determining a mechanism to fix the accountability of partners in cases of women dealing with unwanted pregnancies.

"We thus deem it appropriate to appoint amicus curiae to assist the Court in its endeavor to determine a suitable mechanism so as to facilitate involvement, accountability and participation of the partner in these testing times of the women," the order reads. 

The division bench of the High Court, comprising Justice AS Gadkari and Justice Neela Gokhale, was hearing a petition filed by a woman seeking to terminate her pregnancy.

The woman, a 17-year-old victim of sexual abuse, approached the court as she was more than 24 weeks pregnant.

The woman and her mother informed the high court that, considering the medical opinion of the medical board, they were inclined to continue the pregnancy.

The high court, in its order, stated that the situation of such a woman dealing with the matter without the support of her family and partner is disquieting.

"...we find the predicament of young women finding themselves in these situations disturbing. Their plight in dealing with the situation, without support from their families and more importantly the partner, who is equally responsible for the situation, is disquieting. It is distressing to see the victim being left alone to fend for herself while understanding the nuances of the pregnancy itself, accepting the anatomical changes brought about by the pregnancy, the dilemma of disclosing the fact to her parents and the partner leading to the pregnancy advancing beyond 24 weeks and thereby compelling her to approach the Court for permission to terminate the pregnancy, facing a Medical Board alone and finally undergoing the procedure of either termination or the delivery all by herself," the order reads.