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Abortion law faces heat in HC over mental health clause

57-year-old petitioner challenges provision allowing gynaecologists to clear abortions on presumed anguish from failed contraception; court issues notice to Centre, next hearing on Sept 16

The Punjab and Haryana High Court upheld the PSPCL’s decision to implement pension revisions under the Fifth Pay Commission from December 1, 2011, instead of January 1, 2006. (File photo)

The Punjab and Haryana High Court on Wednesday issued notice to the Union government on a Public Interest Litigation (PIL) filed by a 57-year-old Hisar resident challenging the legal provision that allows abortions based on presumed mental health injury without requiring evaluation by a psychiatrist.

Deepak Kumar, the petitioner, has sought a declaration that a key clause under the Medical Termination of Pregnancy (MTP) Act, 1971, particularly Section 3(2) and Explanation 1, is unconstitutional. He argues that the provision violates Articles 14 and 21 of the Constitution by allowing gynaecologists to terminate pregnancies on mental health grounds, even though they are not qualified to assess psychological conditions. He has also asked the court to rule that abortions should only be allowed when the life of the woman or the fetus is in immediate danger, not in cases of failed contraception or presumed mental anguish.

The PIL, filed through advocates Dr Pankaj Nanhera, Sanchar Anand, Nitin Verma, and Yogesh Vashista, came up for hearing before the division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry, which issued notice to the Union government and fixed the next hearing for September 16.

What the law says

Section 3(2) of the MTP Act allows a registered medical practitioner to terminate a pregnancy if it risks the woman’s life or may cause “grave injury” to her physical or mental health. For pregnancies up to 20 weeks, the opinion of one doctor is sufficient; between 20 and 24 weeks, two doctors must concur for certain categories of women.

Explanation 1 to this section presumes that if a pregnancy results from the failure of contraceptive methods, the resulting mental anguish is automatically considered a grave mental health injury, making abortion legally permissible.

What the petition challenges

The PIL argues that:

• Gynaecologists are not trained to assess mental health and should not be given the power to presume psychological harm.
• Only psychiatrists can evaluate whether a woman is experiencing mental anguish severe enough to justify an abortion.
• The automatic presumption that contraceptive failure causes grave mental injury is arbitrary and may lead to misuse of the law.
• The law lacks clear definitions of what qualifies as “grave injury” to mental health, giving doctors unchecked discretion.

The petitioner contends that these provisions enable abortions in situations that fall outside the core intent of the MTP Act, and that such broad presumptions may undermine fetal rights and open doors to female feticide.

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What the petitioner wants

Among other reliefs, Deepak Kumar has requested the court to:

• Declare Section 3(2) and its Explanation 1 unconstitutional.
• Clarify that “grave injury” to mental health should not include distress caused by unintended pregnancies due to failed contraception.
• Limit the scope of legal abortions to life-threatening situations for the woman or fetus.

The court has admitted the petition and listed it for further hearing on September 16.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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