The Delhi High Court has held that forcing a woman to continue with an unwanted pregnancy constitutes a violation of her bodily integrity and personal autonomy while also exacerbating mental trauma. In a significant ruling delivered on January 8, 2026, Justice Neena Bansal Krishna discharged an estranged wife from criminal proceedings initiated by her husband under Section 312 of the Indian Penal Code (causing miscarriage). The court observed that the woman's decision to medically terminate her 14-week pregnancy could not be treated as an offense in the given circumstances.
The case arose from a complaint filed by the husband, who alleged that his wife had undergone an abortion without his consent amid ongoing marital discord. The couple had been living separately, and the wife sought termination, citing emotional distress and the breakdown of the marital relationship. The petitioner-wife approached the High Court seeking to quash the FIR and criminal proceedings against her.
Justice Krishna underscored that the right to personal autonomy includes a woman's freedom of choice in matters of reproduction. The court noted that compelling a woman to carry a pregnancy against her will infringes upon her fundamental right to bodily integrity—a principle that has been consistently upheld in Indian jurisprudence as an essential facet of Article 21 of the Constitution (right to life and personal liberty).
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The judgment emphasized that in situations of marital discord and separation, the wife's decision to terminate a pregnancy cannot automatically be construed as a criminal act under Section 312 of the IPC. The court highlighted that the provision must be interpreted in light of evolving legal standards on reproductive rights and the Medical Termination of Pregnancy (MTP) Act, which permits abortion up to 20 weeks (and beyond in certain cases) under specified conditions.
The ruling aligns with the Supreme Court's broader recognition of women's reproductive autonomy, including landmark observations in cases such as X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi (2022), where the apex court affirmed that a woman's consent is paramount in decisions relating to her body.
By quashing the criminal case against the wife, the Delhi High Court has reinforced that marital discord or a husband's objections cannot override a woman's right to make decisions about her pregnancy. The decision is likely to be cited in future cases involving reproductive rights and marital conflicts, strengthening protections against coerced continuation of pregnancy.
The court concluded that the continuation of criminal proceedings in such circumstances would be an abuse of the process of law, ultimately discharging the woman from all charges. The judgment serves as a reminder of the judiciary's role in safeguarding women's autonomy amid evolving societal and legal perspectives on reproductive rights in India.
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