- On Friday, the Delhi High Court refused interim relief to a 25 year old unwed woman who was seeking permission to terminate her pregnancy of 23 weeks and 5 days.
- As per the Medical Termination of Pregnancy Amendment Rules 2021, there are certain ‘Special Cases’ where a woman is allowed to terminate her pregnancy upto 24 weeks. Some of these are Minor, Survivor of Sexual Assault, Rape, Incest, Change in marital status during the pregnancy, Woman with physical disabilities etc.
- The bench observed that an unmarried woman who got pregnant out of a consensual relationship is not covered by any of the clauses of the Medical Termination of Pregnancy Rules, 2003
- The petitioner had approached the High Court seeking termination of her pregnancy quoting the reason that she could not give birth to the child as her partner had refused to marry her. She also mentioned that their relationship was consensual.
- The woman also stated that this pregnancy out of wedlock will cause her to be blackballed from society. She also asserted that she was not prepared to be a mother and continuing this pregnancy will cause grave physical and mental agonies to her.
- The petitioner’s counsel contended that Rule 3B of the Medical Termination of Pregnancy Rules, 2003 violates the Article 14 of the Constitution of India as it excludes unwed women.
- The High Court Bench has noted that Section 3(2) (b) of the Act provides that the said subsection is applicable only to those women who are covered under the Medical Termination of Pregnancy Rules, 2003.
- The counsel also contended that she would not have had to seek permission of the court if she was a widow or divorcee.
- Mentioning the legislative intent that the amendment made in the Medical Termination of Pregnancy offers, the counsel stated that new medical advancements allow termination of pregnancy at this stage. They further mentioned how the word husband has been substituted for partner and covers the needs of an unmarried woman as well.
- The Court held that the Medical Practitioner can only terminate pregnancy within 20 weeks, according to Section 3 (2)(a) of the Medical Termination of Pregnancy Act. The Act provides for termination of pregnancy post 20 weeks but not exceeding 24 weeks which is applicable only to certain women covered under Section 3 (b)(2).
- The bench noted that the situation of the petitioner is not covered under the clauses of this section of Medical Termination of Pregnancy Rules, 2003 and the circumstances of this case. They asserted that they cannot go beyond the statute itself.
- The bench also suggested that the petitioner give the baby for adoption while helping her maintain her anonymity.
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