The Delhi High Court has held that an unmarried woman and whose pregnancy arises out of a consensual relationship cannot seek relief under Medical Termination of Pregnancy Rules, 2003.
The division judge bench comprising of hon’ble chief justice Satish Chandra Sharma and Justice Subramonium Prasad of the Delhi High Court in the case of Ms. X vs The principal secretary health and family welfare department government of NCT of Delhi refused to entertain an interim relief application for permission to terminate the pregnancy of an unmarried woman.
Brief Facts of the Case
The factual matrix of the case is that the petitioner was a 25 years old unmarried woman, who was carrying a single intrauterine pregnancy. Her pregnancy arose out of a consensual relationship and later her partner refused to marry her.
It was stated by her Counsel that giving birth out of wedlock will entail in her ostracisation and cause her mental agony. He further added that his client being an unemployed graduate will not be able to provide for the child. Stating that she is not mentally prepared to be a mother and continuing with the pregnancy will lead to grave physical and mental injury for her, the Counsel averred that if she
continues with the pregnancy, it will not be possible for her to get married in the future because of her child and ensuing social stigma.
The Learned Counsel for the Petitioner submitted that the 24 weeks’ period of pregnancy, as stipulated under the Medical Termination of Pregnancy Act, 1971, shall be completing on 18.07.2022.
To this regard, he stated that Rule 3B of the Medical Termination of Pregnancy Rules, 2003 is violative of Article 14 of the Constitution of India, 1950, in as much as it excludes an unmarried woman and is violates Article 14 of the Constitution of India, 1950.
High Court's Observation
The Court at the outset, took into consideration the relevant statues and observed that Section 3(2) (a) of the Act provides that the Medical Practitioner can terminate the pregnancy, provided, the pregnancy does not exceed 20 weeks. Section 3(2) (b) of the Act provides for termination in circumstances where the pregnancy exceeds 20 weeks but does not exceed 24 weeks.
It further added that Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which provides for who is applicable for the above indicate that 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.
Therefore, Section 3(2)(b) of the Act is not applicable to the facts of this case, the Court ruled.
It opined that whether the said rule is valid or not can be decided only after the said rule is held ultra vires and accrodingly issued notices in the writ petition.
The Court added that it cannot issue orders contrary to provisions in force presently and denied relief.
"As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003, stands, and this Court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the Statute. Granting interim relief now would amount to allowing the writ petition itself."
CASE NAME- Ms. X VS The principal secretary health and family welfare department government of NCT of Delhi
CITATION- W.P.(C) 10602/2022
CORAM- hon’ble chief justice Satish Chandra Sharma and Justice Subramonium Prasad
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