Unmarried Women Not Covered Under Medical Termination Of Pregnancy Rules, Says Delhi HC

The Delhi High Court had denied permission to an unmarried woman who is 23 weeks pregnant to terminate her pregnancy.

The court noted that her plea could not be permitted under the abortion law after 20 weeks for pregnancy arising from a consensual relationship.

Unsplash

Woman seeks an abortion after splitting with her partner

The petitioner, a 25-year-old woman, who would complete 24 weeks of gestation on July 18, had moved the court seeking permission for medical termination of her pregnancy after her partner, with whom she was in a consensual relationship, had refused to marry her.

She stressed that giving birth out of wedlock would cause her psychological agony and social stigma, and she was not mentally prepared to be a mother.

During the hearing on Friday, the court had said that it would not permit the petitioner to undergo medical termination of pregnancy at 23 weeks, observing it virtually amounts to killing the foetus.

PTI/ File

"Can't be permitted under current rules"

The High Court noted that the law granted time to unmarried women to undergo the procedure of medical termination of pregnancy. The legislature has "purposefully excluded consensual relationship" from the category of cases where termination is permissible after 20 weeks and up to 24 weeks, it said.

"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," A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said on Friday.

"As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (which excludes unmarried women) stands, and this court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the statute,¡± it said.

Unsplash

Give the baby for adoption

The court further suggested that the petitioner should consider delivering the child and giving it in adoption.

"Why are you killing the child? There are big queue for adoptions...We are not forcing her (Petitioner) to raise the child. We will ensure that she goes to a good hospital. Her whereabouts will not be known. You give birth and come back."

While the court reserved the order, it also issued a notice to the Centre on her plea, praying that unmarried women also be brought within the ambit of Rule 3B of the Medical Termination of Pregnancy Rules 2003 which allows only specific categories of women to seek termination of pregnancy between 20-24 weeks. The government has been asked to file a reply before August 26.

For more on news, sports, and current affairs from around the world, please visit Indiatimes News.