Recently, the Delhi High Court allowed medical termination of pregnancy for an unmarried woman who became pregnant as a result of sexual relations established on false pretext of marriage, while directing proper collection of foetal evidence for ongoing investigation. The Court emphasized that forcing continuation of pregnancy would compound her suffering and violate her fundamental rights under Article 21.
The petitioner, an unmarried woman aged 30, approached the High Court seeking permission for medical termination of her pregnancy. She had been in a live-in relationship with the accused, Aman Singh, who allegedly induced sexual relations under the promise of marriage. She conceived twice during this period, and the first pregnancy was allegedly terminated under coercion by the accused. In June 2025, she became pregnant again, refused to undergo termination, and was allegedly assaulted by the accused, leading to filing of FIR at PS Sarita Vihar.
Counsel for the petitioner argued that the pregnancy, now over 22 weeks, is the result of sexual abuse and continuation would cause severe physical and mental harm, as well as social stigma. Reliance was placed on precedents including Suchita Srivastava v. Chandigarh Administration, X v. Principal Secretary, Health & Family Welfare Deptt., and XYZ v. State of Gujarat, asserting that reproductive autonomy and bodily integrity are fundamental rights under Article 21. Counsel also highlighted that under the Medical Termination of Pregnancy (MTP) Act, 1971, as amended, termination of pregnancies caused by sexual assault is permissible up to 24 weeks.
The petitioner had been medically examined at AIIMS Hospital, Faridabad, and was found fit for termination. She requested directions for the Investigating Officer to collect foetal tissue for DNA analysis to ascertain paternity in the ongoing investigation.
The Court noted that the petitioner’s right to reproductive choice is a fundamental aspect of personal liberty under Article 21. Citing the apex court in Suchita Srivastava and subsequent judgments, the Court emphasized that pregnancy resulting from sexual assault or abuse causes grave injury to mental health, and compelling a woman to continue such a pregnancy would violate her dignity and autonomy.
Further, the Court observed verbatim, "The suffering of the victim cannot be compounded if she is forced to continue the pregnancy. Apart from physical and mental trauma, the victim would face social stigma which may prevent the scars left by the defilement of her body from healing. The decision of the victim whether to give birth to the conceived child or to terminate the pregnancy has to be given primacy."
Medical experts, including Dr. Garima Kachhawa and Dr. Deepali Garg, confirmed the petitioner was clinically fit for MTP and there was no risk in undergoing the procedure. The petitioner herself affirmed that she had made a well-informed decision regarding the termination.
The Court allowed the writ petition under Article 226 and directed that the petitioner be permitted to undergo medical termination of pregnancy immediately at AIIMS Hospital. The Investigating Officer was also directed to collect foetal tissue and other relevant samples for DNA examination. The petition was accordingly disposed of.
Case Title: XX Vs. Govt of Nct of Delhi and Anr
Case No.: W.P.(Crl) 2949/2025
Coram: Justice Ravinder Dudeja
Advocate for Petitioner: Adv. Rahul Yadav, Minakshi Yadav
Advocate for Respondent: Advs. Rupali Bandhopadhya, Abhijeet Kumar, Amisha Gupta
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