The High Court of Delhi has refused to allow a 20-year-old unmarried woman to undergo termination of her 27-week pregnancy, saying the foetus is healthy & viable & foeticide will not be ethical or legally permissible.
The HC said the medical report of the petitioner woman showed there was neither any congenital abnormality in the foetus nor a potential danger to the mother to carry on with the pregnancy.
“Since the foetus is viable & normal & there is no danger to the petitioner to carry on with the pregnancy, foeticide would neither be ethical nor legally permissible.
Justice Subramonium Prasad said, “the petitioner would have to be induced to deliver the child & such delivery could be detrimental to the mental & 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".
The HC said it is open for the woman to approach the AIIMS, New Delhi, for delivery & future course of action, if she wishes to, saying it is sure that the premier institute would render all facilities & advise her regarding her pregnancy.
The Court also said if the woman is inclined to put the baby up for adoption, she is at liberty to approach the central government which shall ensure that the process of adoption takes place at the earliest & in a smooth fashion.
The Court was dealing with the woman’s plea in which she said she was preparing for the NEET examination & sought to abort her foetus under the provisions of the Medical Termination of Pregnancy Act.
She said on April 16, she felt discomfort in the abdomen & got an ultrasound scan done & it showed she was 27 weeks pregnant, which was beyond the legally permissible limit of 24 weeks.
The woman’s counsel submitted that carrying the pregnancy will cause grave injury to her physical & mental health as she is a student & is unmarried with no source of income.
There will be social stigma & harassment associated with her continuing with the pregnancy which would jeopardise her career & future, the counsel said.
However, the HC said the woman is already seven months pregnant with a healthy & viable foetus & her prayer for termination of pregnancy cannot be acceded to since her case does not fall within the four corners of the MTP Act.
Under the MTP Act, termination of pregnancy of a duration exceeding 24 weeks can be allowed in case of substantial foetal abnormality as diagnosed by a medical board or if an opinion is formed in good faith for the purpose of saving the life of the pregnant woman.
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