Already 7 Months’ Pregnant With Healthy & Viable Foetus: Delhi HC Refuses To Allow 20-Yr-Old Unmarried Woman To Terminate 27-Week Pregnancy

The Delhi High Court refused to allow 20-year-old unmarried woman to terminate her 27-week pregnancy on account that the foetus was healthy and viable.

The said woman had filed a writ petition for allowing medical termination of her pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971 (MTP Act) and the Rules.

A Single Bench of Justice Subramonium Prasad said, “The Petitioner’s case is also not covered by the guidelines dated 06.08.2018 on which the Petitioner places reliance. According to these guidelines relied upon by the Petitioner, medical termination of pregnancy even beyond 24 weeks is permitted only in cases of minor girls who are rape victims or when there are congenital abnormalities in the foetus. Since the present case does not fall under any of the categories, this Court is not inclined to accept the prayer of the Petitioner of foeticide. … The Petitioner is already seven months pregnant with a healthy and viable foetus.”

The Bench added that the prayer sought for by the woman for a direction for premature termination of pregnancy/delivery of the child cannot be acceded to by the court since her case does not fall within the four corners of the MTP Act and the Rules framed thereunder which hold the field.

Advocate Amit Mishra appeared for the petitioner while CGSC Arunima Dwivedi appeared for the respondents.

Facts of the Case -

The petitioner woman was unmarried and a student aged 20 years. She was a permanent resident of Mewat, Haryana and was residing in a PG in Delhi. She was preparing for NEET Examination and had approached the court seeking directions for permitting medical termination of her ongoing pregnancy of 27 weeks under the MTP Act and Rules. On feeling heaviness and discomfort in abdomen, she got an ultrasound scan done in April this year and it was found that she was 27-weeks pregnant.

It was contended by the counsel for the petitioner that carrying the pregnancy will cause grave injury to her physical and mental health. It was also pointed out that the she was a student and was unmarried, without any source of income and that there would be social stigma and harassment associated with her continuing the pregnancy which would jeopardize her career and thereby her future.

The High Court in the above context of the case noted, “… a pregnancy which is beyond 24 weeks can only be terminated if requirements provided under Section 5 of the MTP Act are satisfied and the decision has been made to save the life of the pregnant woman or to the satisfaction of Section 3(2)(b) and Section 3(2)(a)(i) for substantial foetal abnormalities.”

The Court observed that 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.

“The Petitioner would have to be induced for delivering the child and such delivery could be detrimental to the mental and physical health of the newborn since it would be a pre-term delivery. It could also be detrimental to the mother for her future pregnancies”, it further noted.

The Court also said that if the petitioner wants to approach AIIMS for delivery and the future course of action, it is always open for her to approach the AIIMS and the AIIMS, being a premier institute, would render all facilities and advise her with regard to her pregnancy.

“If the Petitioner is inclined to give the new born 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”, it concluded.

Accordingly, the High Court dismissed the writ petition.

Cause Title- H v. The Union of India & Anr. (Neutral Citation: 2024:DHC:3672)

Appearance:

Petitioner: Advocate Amit Mishra

Respondents: CGSC Arunima Dwivedi, GP Pinky Pawar, ASC Mehak Nakra, Advocates Aakash Pathak, and Aditi Kapoor.

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