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Synopsis

The Delhi High Court has dismissed a plea from a 20-year-old unmarried woman seeking termination of her 28-week pregnancy.

The single-judge bench of Justice Subramonium Prasad held that the requested termination, or foeticide, would not be ethically or legally permissible given the normal and viable status of the foetus, coupled with the absence of any imminent danger to the woman's health by continuing the pregnancy.

Justice Prasad, while reviewing the case, emphasized that the medical report revealed no congenital abnormalities in the foetus and no threats to the mother that warranted termination.

Additionally, he highlighted the potential risks associated with inducing pre-term delivery, which could adversely impact the mental and physical health of the newborn and pose future health risks for the mother in subsequent pregnancies.

"A perusal of the report shows that there is no congenital abnormality in the foetus nor any danger to the mother to carry on with the pregnancy which will mandate termination of the foetus. Since the foetus is viable and normal, and there is no danger to the Petitioner to carry on with the pregnancy, foeticide would neither be ethical nor legally permissible. The Petitioner would have to be induced for delivering the child and such delivery could be detrimental to the mental and 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 court observed. 

The court asserted that the petitioner's case did not fall under the guidelines set forth on August 6, 2018, permitting medical termination of pregnancy beyond 24 weeks only in cases involving minor girls who are rape victims or when congenital abnormalities in the foetus are present.

Justice Prasad clarified that, as the current case did not fit within any of these categories, the court was disinclined to grant the woman's plea.

The court further noted that the woman was already seven months pregnant with a healthy and viable foetus, and her request for premature termination did not align with the provisions of the Medical Termination of Pregnancy (MTP) Act.

Examining the MTP Act, Justice Prasad highlighted Section 3(1), which allows termination beyond 24 weeks in the presence of substantial foetal abnormalities diagnosed by a medical board. He also pointed out that Section 5 of the Act permits termination beyond 24 weeks if it is deemed necessary in good faith to save the pregnant woman's life.

The court advised the woman to approach AIIMS for guidance on delivery and future courses of action, acknowledging that the premier institute would provide suitable advice and facilities. Furthermore, it suggested that if the woman intended to give her child up for adoption, she could approach the Union of India. Subsequently, the court directed the Union of India to ensure that the adoption process proceeds promptly and smoothly.

"If the Petitioner is inclined to give the new born child to adoption, then the Petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion," the court ordered. 

Case Title: S v. Union of India & Ors.