'Foetus Viable & Normal': Delhi High Court Rejects 20-Yr-Old Unmarried Woman's Plea For Medical Termination Of 28-Week Pregnancy

The Delhi High Court yesterday dismissed a plea moved by a 20-year-old unmarried woman seeking medical termination of her pregnancy of 28 weeks.

Justice Subramonium Prasad perused the medical report and observed that there was no congenital abnormality in the foetus nor any danger to the woman to carry on with the pregnancy which will mandate termination of the foetus.

“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,” the court said.

It added that the woman 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,” it said.

The court further said that the case was not covered under the guidelines which permit medical termination of pregnancy even beyond 24 weeks only in cases of minor girls who are rape victims or when there are congenital abnormalities in the foetus.

“Since the present case does not fall under any of the categories, this Court is not inclined to accept the prayer of the Petitioner of foeticide,” the court said.

It was the woman's case that carrying the pregnancy would cause grave injury to her physical and mental health. She further said that she was a student, unmarried and without any source of income, adding that there would be social stigma and harassment associated with her continuing the pregnancy which would jeopardize her career and future.

Dismissing the plea, the court said that the prayer seeking premature termination of pregnancy or delivery of the child could not be acceded to since the woman's case did not fall within the four corners of the Medical Termination of Pregnancy Act and the Rules which hold the field.

“If the Petitioner wants to approach AIIMS for delivery and the future course of action, it is always open for the Petitioner to approach the AIIMS and this Court is sure that AIIMS, being a premier institute, would render all facilities and advise the Petitioner with regard to her pregnancy,” the court said.

It added that if the woman was inclined to give the newborn child to adoption, she would be at liberty to approach the Union Government which would ensure that the adoption process takes place at the earliest and in a smooth fashion.

Counsel for Petitioner: Dr. Amit Mishra, Advocate

Counsel for Respondents: Ms. Nidhi Raman, CGSC with Ms. Priya Mishra, GP and Mr. Sachin Dubey, Advocate for R-1; Ms. Mehak Nakra, ASC (C) for GNCTD with Mr. Abhishek Khari and Ms. Disha Chaudhory, Advocates

Title: S v. THE UNION OF INDIA & ORS.

Citation: 2024 LiveLaw (Del) 138