Can woman with borderline intellectual disability rightfully become mother? Bombay HC says THIS

In a landmark ruling, the Bombay High Court on Wednesday raised critical questions regarding the rights of a young woman, currently 21 weeks pregnant and diagnosed with borderline intellectual disability. The court's inquiry centered on why she should be denied her right to motherhood despite her condition. A medical board appointed by the court determined that while the 27-year-old woman has an intellectual deficit, she is not of unsound mind. The report indicated that her IQ is 75, and importantly, there were no detected anomalies in the fetus.

Court’s Perspective on Intelligence and Parenthood

The division bench, comprising Justices R V Ghuge and Rajesh Patil, emphasized the importance of recognizing diverse levels of intelligence among individuals. "Nobody can be super-intelligent. We are all human beings, and everybody has different levels of intelligence," the court stated. They asserted that having below-average intelligence should not preclude someone from exercising their right to become a parent. The judges cautioned against a legal precedent that would deny individuals with lower intelligence the ability to raise children, stating, "If we say that persons with below-average intelligence do not have the right to be parents, it would be against the law."

Legal Background and Parental Rights

The case arose when the woman's father petitioned the High Court for permission to terminate her pregnancy, arguing that she was mentally unsound and unmarried. However, the woman herself expressed her desire to continue with her pregnancy. On January 3, after hearing arguments from both sides, including lawyer SK Dubey and additional government pleader Prachi Tatake, the court requested a medical examination of the fetus from a board at J J Hospital.

The medical board concluded that while the woman was fit to proceed with her pregnancy, termination was also an option. Citing various judgments, including one from Justice Bhushan Gavai of the Supreme Court, Tatake underscored the necessity of obtaining the woman's consent for any decision regarding her pregnancy. The court recognized that even at this stage, the fetus holds fundamental rights.

Encouragement for Family Support

The court noted that under existing laws, if a woman is deemed mentally unsound beyond 20 weeks of pregnancy, termination could be considered. However, in this case of borderline intellectual disability, they urged her parents to facilitate contact with the man involved in her pregnancy to explore possibilities for marriage. "They are both adults. It is not an offence," the court remarked.

Furthermore, it highlighted parental responsibilities towards their adopted child and their duty to safeguard her interests.This case not only raises vital questions about mental health and parental rights but also emphasizes the need for societal support and understanding regarding individuals with intellectual disabilities.