Wed Jan 08 10:26:59 UTC 2025: ## Bombay High Court Challenges Denial of Motherhood Based on Intellectual Disability
**Mumbai, India –** The Bombay High Court raised serious questions on Wednesday regarding a woman’s right to motherhood based solely on a diagnosis of borderline intellectual disability. The court was hearing a petition filed by the 27-year-old woman’s father, who sought permission for a medical termination of her 21-week pregnancy. He argued his daughter, who is unmarried, was mentally unsound.
However, a medical board at JJ Hospital found the woman not mentally ill but diagnosed with borderline intellectual disability, possessing an IQ of 75. The report also stated the foetus showed no abnormalities and the woman was physically fit to continue the pregnancy, though termination was deemed medically possible.
The court highlighted the fact that the woman’s parents hadn’t sought psychological counselling or treatment beyond medication since 2011. Justices R V Ghuge and Rajesh Patil questioned whether a below-average IQ negates a woman’s right to be a mother, stating such a stance would be unlawful. They noted that the Medical Termination of Pregnancy Act allows termination beyond 20 weeks only in cases of mental illness, which the woman does not have.
The court further emphasized the importance of the pregnant woman’s consent, as submitted by the Additional government pleader Prachi Tatke. Acknowledging the woman’s recently disclosed relationship, the court urged her parents to engage with the father of the child to explore the possibility of marriage. The judges instructed the parents, who adopted the woman at five months old, to fulfill their parental responsibilities by facilitating this interaction.
The case has been adjourned until January 13th. The court’s questioning of the denial of motherhood based on borderline intellectual disability highlights a significant legal and ethical debate surrounding reproductive rights and individuals with intellectual disabilities.
First Piper 