‘Neither ethical nor legally permissible’: Delhi HC rejects unmarried woman’s plea to terminate 28-week pregnancy

The HC further said the woman’s case is also not covered under the August 6, 2018, guidelines as per which medical termination of pregnancy beyond 24 weeks is permitted only in cases of “minor girls who are rape victims or when there are congenital abnormalities in the foetus”.

Justice Prasad said since the present case does not fall under any of the categories, therefore, the court is not inclined to accept the woman’s prayer.

The court further observed that the woman is already seven months pregnant with a “healthy and viable foetus” and her prayer for a direction to AIIMS for “premature termination of pregnancy/delivery of the child” cannot be acceded to since her case does not fall within the “four corners” of the Medical Termination of Pregnancy (MTP) Act.

In this regard, Justice Prasad perused through the provisions of the MTP Act and noted that as per Section 3(1), pregnancy beyond 24 weeks may be terminated where there is any “substantial foetal abnormality” diagnosed by a medical board. Further, Section 5 of the Act permits termination of pregnancy beyond 24 weeks “only if an opinion is formed in good faith” for saving the pregnant woman’s life.

The HC said if the woman wants to approach AIIMS for delivery and future course of action, she is free to do so. It further observed that it is certain that AIIMS, “being a premier institute”, would render all facilities and advise her. It also said that if the woman is inclined to give her newborn child for adoption, then she is free to approach the Union of India. The court thereafter directed the Union of India to “ensure the process of adoption takes place at the earliest and in a smooth fashion”.