Delhi High Court Refuses Termination Of 27-Week Pregnancy For Unmarried Woman Citing 'Healthy' Foetus

The high court pointed out that the medical report of the petitioner woman indicated the absence of any congenital abnormality in the foetus, as well as no potential danger to the mother's health.

File photo of Delhi High Court.

New Delhi: The Delhi High Court on Tuesday denied a 20-year-old unmarried woman's request to terminate her 27-week pregnancy, saying the foetus is healthy and viable and foeticide will not be ethical or legally permissible.

In its ruling, the high court pointed out that the medical report of the petitioner woman indicated the absence of any congenital abnormality in the foetus, as well as no potential danger to the mother's health if she were to continue with the pregnancy, reported PTI.

“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", Justice Subramonium Prasad said.

Justice Prasad further added, "The petitioner would have to be induced to deliver 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".

The high court said it is open for the woman , to approach AIIMS, New Delhi, for the delivery and future course of action regarding her pregnancy, if she wishes to, saying it is sure that the premier institute would render all facilities and advise her regarding her pregnancy.

HC Ask Woman For Adoption

In addition, the court also asked woman to consider adoption for her baby. The court assured that the central government would facilitate the adoption process promptly and seamlessly. The court's handling of the plea, which originated from the woman's desire to focus on her NEET examination preparation and her request for termination under the Medical Termination of Pregnancy Act, as per PTI.

The woman, in her plea, recounted experiencing abdominal discomfort on April 16, prompting her to undergo an ultrasound scan, revealing that she was 27 weeks pregnant, surpassing the legally permissible limit of 24 weeks.

Her counsel argued that continuing with the pregnancy would pose a significant risk to her physical and mental well-being, particularly given her status as a student without any source of income and being unmarried.

The counsel emphasised the potential social stigma and harassment associated with her situation, which could jeopardize her career prospects and future. 

The high court, however, said the woman is already seven months pregnant with a healthy and viable foetus and her prayer for termination of pregnancy cannot be acceded to since her case does not fall within the four corners of the MTP Act.

Under the MTP Act, termination of pregnancy of a duration exceeding 24 weeks can be allowed in case of substantial foetal abnormality as diagnosed by a medical board or if an opinion is formed in good faith for the purpose of saving the life of the pregnant woman.