SC Overrules Delhi High Court Order, Allows Unmarried Woman To Terminate Pregnancy Of 24 Weeks

The Delhi High Court in its order on July 16 refused to grant permission to terminate the pregnancy that was 23-weeks then, on grounds it violated the abortion law.

Supreme Court of India

The Supreme Court on Thursday allowed a pregnant unmarried woman to abort her 24-week foetus. While passing the order the apex court sought report from All India Institute of Medical Sciences (AIIMS) on safe abortion of the pregnancy and directed to form a team of 2 experts to report whether abortion is possible without harming the girl, reported ABP News.

The Delhi High Court in its order on July 16 refused to grant permission to terminate the pregnancy that was 23-weeks then, on grounds it violated the abortion law. Under the Medical Termination of Pregnancy Act (MTP Act), abortion of pregnancy arising out of a consensual relationship is allowed only up to 20 weeks, reported news agency PTI.

Unmarried women are, however, allowed to undergo medical termination of pregnancy up to 24 weeks, according to the MTP Act. 

The pregnancy had arisen out of a consensual relationship and the woman had sought relief from the Supreme Court on Tuesday.

The petitioner, a 25-year-old woman had appealed to the court to terminate the pregnancy on grounds that her partner, with whom she was in a relationship had refused to marry her. She also stressed that the birth of the child could cause her psychological agony as well as social stigma, said the PTI report.

The high court, while dealing with the plea, had said the court cannot go beyond the statute while exercising its power under Article 226 of the Constitution.

“The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003,” the high court noted in its order dated July 15.

(With PTI inputs)