CWP-20197-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 122 CWP-20197-2026 Date of Decision: 07.07.2026 Amandeep Kaur Lohat …Petitioner(s) Versus State of Punjab and others …Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Bachanpreet Singh, Advocate for the petitioner Mr. Vikas Arora, Deputy Advocate General, Punjab TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed seeking a writ of mandamus directing the second respondent/Civil Surgeon, District Barnala, and third respondent/Senior Medical Officer, Department of Obstetrics & Gynaecology, Civil Hospital, Barnala, to terminate the petitioner’s pregnancy, which is stated to be of twenty-two weeks and five days gestation as per the certificate dated 03.07.2026, Annexure P-3, issued by a Doctor at Sonu Scan Centre, Barnala. 2. Learned counsel contended that the petitioner had been staying in a live-in-relationship with a person since December, 2025. The relationship turned sour as the said person turned out to be an exploiter. She could escape from his place and reach her mother only on 26.06.2026. She still apprehends threat to her life and liberty and has sought protection by submitting a representation, dated 30.06.2026, Annexure P-2, to the Senior Superintendent of Police, Barnala. Being pregnant, she got herself medically examined at Sonu PAYAL 2026.07.07 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-20197-2026 -2- Scan Centre and came to know about her gestation period. However, the respondents refused to terminate her pregnancy despite her entitlement under the Medical Termination of Pregnancy Act, 1971, as interpreted by the Supreme Court in X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi and another, (2023) 9 SCC 433. The relevant observations of the Court in this regard are as under: 114. A woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is wanted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion. 3. Learned State counsel is not in a position to dispute the aforesaid legal position. He, however, submits that before terminating the petitioner’s pregnancy, she was asked vide letter dated 06.07.2026 to give a sworn affidavit regarding the fact that she is residing separately from her husband. The affidavit was not submitted preventing the respondents from taking any further action in this regard. 4. Heard. 5. In view of the settled legal position as aforementioned, it cannot be disputed that the petitioner has a right to get her pregnancy terminated, provided it can be safely done. The respondents have also not denied her request, but only require her to fulfill the conditions laid down for the purpose. PAYAL 2026.07.07 17:28 I attest to the accuracy and authenticity of this order/judgment CWP-20197-2026 -3- 6. The petition is, accordingly, disposed of with a direction to Chief Medical Officer, Civil Hospital, Barnala, to constitute a Medical Board to ascertain whether the petitioner’s pregnancy can be safely terminated keeping in view the gestation period, and carry out the procedure, as may be required, in terms of the opinion tendered at the earliest, subject to her complying with the requisite conditions. The petitioner is directed to appear before the Chief Medical Officer today itself. (TRIBHUVAN DAHIYA) JUDGE 07.07.2026 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2026.07.07 17:28 I attest to the accuracy and authenticity of this order/judgment