Delhi HC reserves order on woman’s plea to abort in 23rd week

NEW DELHI: The Delhi High court on Friday reserved the order on the plea moved by an unmarried woman seeking permission to abort her 23-week pregnancy. She has also challenged Rule 3 (b) of MTP Rules 2021 which excludes unmarried women from the category of women who are allowed to abort the pregnancy with an opinion given by a medical practitioner.

A division bench headed by Chief Justice Satish Chandra Sharma reserved the order after hearing the submissions of the counsel for the petitioner and the Central government. Advocate Amit Mishra, counsel for the petitioner, submitted that the petitioner is an unmarried woman of 18 years of age.

She has a pregnancy of 23 weeks. He also submitted that though the foetus is a result of a consensual relationship, now she is not willing to deliver the child due to the mental trauma it would cause for her.

The bench observed, "we are not going to kill the child." The counsel for the petitioner submitted that the permissible period is 20 to 24 weeks with the opinion of 2 doctors.

After 24 weeks recommendations of the medical board are required. The petitioner is not allowed to terminate the pregnancy being an unmarried woman whereas widow and divorced women are allowed to abort their pregnancy in current rules which are challenged before this court, the counsel argued. The court said that widow and divorced women are allowed to abort if the pregnancy is a result of their marriage.

If she is not granted permission, it will cause mental trauma to the petitioner.

It will affect the mental health of the petitioner if she delivers the child, the counsel further argued.

The bench said, "where there is permission to abort the pregnancy, that is with the opinion of the doctor, where is the opinion?" Why have you approached the court at the last moment?

The counsel for the petitioner referred to judgements of the Bombay High court where permission was granted to unmarried women to abort 26-week pregnancy on the ground of mental health.

The bench asked the counsel for the petitioner, "When she is going to deliver?" The counsel replied that after 38 weeks. The bench said, "She has been carrying the pregnancy for 23 weeks. She can carry it with some more weeks."

On the other hand, ASG Chetan Sharma and the Standing counsel opposed the plea. They argued that the law does not permit an unmarried woman to abort her pregnancy.