Delhi High Court refuses to allow unmarried woman to terminate 23 week’s pregnancy

The Delhi High Court refused to allow an unmarried woman to terminate her 23-week pregnancy medically. The court said that a pregnancy resulting from a consensual relationship is not allowed to be terminated after 20 weeks under the Abortion Act.
The court has sought the Centre’s response on the woman’s contention that not allowing unmarried women to medically terminate their pregnancy up to 24 weeks is discriminatory.

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The age of the petitioner woman is 25 years. On July 18, she will complete 24 weeks of pregnancy. She told the court that her partner had refused to marry her, with whom he had physical relations.

The petitioner insisted that giving birth without marriage would result in psychological agony for her. Apart from this, she will also face social stigma, she said, adding that she is not mentally ready to become a mother.

Considering the petition, a bench of Chief Justice Satish Chandra Sharma and Justice Subramanian Prasad of the High Court observed that the court cannot go beyond the scope of law in exercise of its power under Article 226 of the Constitution.

The court, in its July 15 order, said, “The petitioner, who is an unmarried woman and whose pregnancy has resulted from a consensual relationship and is not covered by the Medical Termination of Pregnancy Act, 2003.”