Bombay HC Questions Rights of Mothers with Below-Average Intelligence
The Bombay High Court is examining a case about a woman’s right to motherhood despite her mental challenges
Mumbai, India, Bombay High Court, Pregnancy Termination, Mental Health, Motherhood Rights
Mumbai: So, there’s this case going on in the Bombay High Court that’s raising some eyebrows. They’re asking if a woman with below-average intelligence should have the right to be a mom. This all started when her dad wanted to end her pregnancy, claiming she’s not fit to raise a child. But here’s the twist: the 27-year-old woman wants to keep the baby.
The judges, Justices Ravindra Ghuge and Rajesh Patil, looked into her situation. They found out she’s been on medication for a while but hasn’t had any psychological counseling. A medical board checked her out and said she’s not mentally ill, just has “borderline intellectual disability” with an IQ of 75.
The report showed that both she and the baby are healthy, with no issues detected. While they could allow the pregnancy to be terminated, it wasn’t a must. During the hearing, the government lawyer stressed that the woman’s consent is super important. The judges chimed in, questioning if having below-average intelligence means she can’t be a mother. They pointed out that saying she can’t be a parent would go against the law.
The court also mentioned that according to the Medical Termination of Pregnancy Act, they can only terminate pregnancies after 20 weeks if the woman is mentally ill or if there are problems with the fetus. They made it clear that being borderline doesn’t count as a mental disorder.
Interestingly, the woman’s dad’s lawyer revealed that she’s named the guy who’s the father of her child and even wants to marry him. The court suggested her parents should talk to him and see if he’s on board with the marriage. They reminded the parents that they adopted her and now need to support her choices.
The judges wrapped up by saying the woman’s wishes are crucial, emphasizing that her consent is what really matters in this situation. They’ve postponed the hearing to January 13, giving her parents time to figure things out.