Medical Termination of Pregnancy | Delhi High Court Permits Woman To Terminate Pregnancy After Expiry Of Period Prescribed Under MTP Act

Reportedly, the petitioner had acquired knowledge of her pregnancy on November 16, 2023.

But because the doctors refused to terminate her pregnancy, considering that the period prescribed under the Act was over, the petitioner had to approach the court for a direction to the respondents to permit medical termination of her pregnancy under the MTP Act and Rules.

In support of her plea, the petitioner relied on the Supreme Court's decision in X v. The Principal Secretary, Health & Family Welfare Department, Govt. of NCT of Delhi, where it was held that it is every woman's prerogative to evaluate her life and arrive at the best course of action, and that the right to reproductive choice also includes right not to procreate.

On November 23, 2023, the court had asked All India Institute of Medical Sciences (AIIMS) to constitute a Medical Board on emergent basis to examine the petitioner and report on the status of the foetus as well as whether the petitioner was fit to undergo medical termination of pregnancy.

Pursuant to the order, a Medical Board was constituted by AIIMS, which reported that the petitioner was fit to undergo termination of pregnancy.

Though the period prescribed under the MTP Act had already expired, Justice Subramonium Prasad, in view of X v. The Principal Secretary (Supra), permitted the petitioner to undergo medical termination of pregnancy.

In passing the direction, the question of constitutional validity of Section 3(2)(b) of the MTP Act and Section 3B of the MTP Rules, 2003 was not gone into.

Advocates Dr. Amit Mishra and Amit Rana appeared for petitioner

CGSC Kirtiman Singh appeared for Union of India

ASC Mehak Nakra appeared for GNCTD, with Advocates Abhishek Khari and Disha Chaudhry for respondent No.2

Case Title: N v. The Union of India & Anr

Citation: 2023 LiveLaw (Del) 1216