Bombay High Court Questions: Do Women with Intellectual Disabilities Have No Right to Be Mothers?

Women with Intellectual Disabilities Have No Right to Be Mothers
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The Bombay High Court on Wednesday raised an important question: “Do women with intellectual disabilities have no right to be mothers?” The case involves a 27-year-old woman diagnosed with borderline intellectual disability, whose father sought permission to terminate her 21-week pregnancy.

The court noted that while the woman’s IQ was 75, the medical board confirmed she is not mentally ill and is fit to continue her pregnancy. The foetus showed no abnormalities, and the woman expressed her wish to continue the pregnancy.

Additional government pleader Prachi Tatke emphasized the importance of the woman’s consent. The court stated, “Just because someone has below-average intelligence doesn’t mean they lose the right to be parents.”

The woman’s parents, who adopted her as a baby, revealed they had only given her medication since 2011 without psychological counseling. The court urged them to engage with the man identified as the child’s father to explore the possibility of marriage.

The case is set for further hearing on January 13.


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