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Bombay HC Questions Denial of Motherhood to Woman with Intellectual Disability

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PTI    09 January 2025

The Bombay High Court questioned whether a woman with borderline intellectual disability has the right to motherhood, emphasizing her consent and fitness to continue her pregnancy while urging her parents to address the situation with compassion.

 

On Monday, the Bombay High Court raised critical questions about the rights of women with intellectual disabilities to become mothers. A division bench of Justice R.V. Ghuge and Justice Rajesh Patil was hearing a plea from a 27-year-old womans father seeking medical termination of her 21-week pregnancy. The father claimed she was mentally unsound and unmarried, though the woman expressed her desire to continue the pregnancy. 


A medical board at JJ Hospital reported that the woman, with an IQ of 75%, had borderline intellectual disability but was not mentally unsound. The fetus showed no abnormalities, and the woman was fit to continue the pregnancy. 


The court emphasized her right to motherhood and urged her parents to engage with the man responsible for the pregnancy. The case will be heard further on January 13.


(Source:https://www.thehindu.com/news/cities/mumbai/bombay-high-court-asks-if-woman-with-intellectual-disability-has-no-right-to-become-mother/article69079481.ece )

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