HC rejects unmarried woman’s plea to terminate 28-week pregnancy

New Delhi: The Delhi High Court on Monday refused to allow a 20-year-old unmarried woman to terminate her 28-week pregnancy, saying foeticide was not ethical or legally permissible when the foetus is normal and there is no danger to her in continuing the pregnancy.

Justice Subramonium Prasad observed that the woman’s plea did not fall within the “four corners” of the law and rules for medical termination of pregnancy and therefore, the court was “not inclined to accept the prayer of the petitioner of foeticide”.

The judge however added that if the woman is willing to give the newborn to adoption after delivery, the Centre shall ensure that the process takes place at the earliest and in a smooth manner.

“The petitioner is already seven months pregnant with a healthy and viable foetus. The prayer sought for by the petitioner for a direction to the AIIMS for premature termination of pregnancy/delivery of the child cannot be acceded to by this court,” stated the court.

“Since the foetus is viable and normal, and there is no danger to the petitioner to carry on with the pregnancy, foeticide would neither be ethical nor legally permissible,” it said.

In her plea, the woman claimed she got pregnant through a consensual relationship but she came to know about the pregnancy only recently. Advocate Amit Mishra, representing the woman, earlier said it was only on January 25, that she came to know that she was 27 weeks pregnant. The lawyer said the young woman was unmarried and no one in her family knows about her pregnancy.

After the doctors refused to terminate the pregnancy as the gestation period was beyond the legally permissible limit of 24 weeks, the woman sought permission from the high court to undergo medical termination of her 28-week pregnancy under the Medical Termination of Pregnancy (MTP) Act.

In the order, the court noted that the medical report of the petitioner showed that there was “no congenital abnormality” or any danger to the mother to carry on with the pregnancy and a preterm delivery could be detrimental to the mental and physical health of the newborn as well as the mother for her future pregnancies.

It also said the case was also not covered with the guidelines that permit medical termination of pregnancy even beyond 24 weeks only in cases of minor girls who are rape victims or when there are congenital abnormalities in the foetus.

“This court is not inclined to grant any of the prayers as sought for by the petitioner herein,” the court concluded.

“It is always open for the petitioner to approach the AIIMS and this Court is sure that AIIMS, being a premier institute, would render all facilities and advise the petitioner with regard to her pregnancy. If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion,” ordered the court.

While reserving its verdict on the petition last week, the court had orally observed that it would not allow the woman to abort a “completely viable foetus”.