A 20-year-old unmarried woman’s plea to terminate her 27-week pregnancy was rejected by the Delhi High Court, citing the fetus’s health and viability, deeming feticide morally and legally unacceptable.
Justice Subramaniam Prasad, examining the medical report, emphasized the absence of congenital abnormalities or potential risks to the mother. As the fetus is healthy and viable, continuation of the pregnancy was deemed necessary, with feticide considered unethical and unlawful.
Concerns were raised regarding the potential harm to both the newborn and the mother if the pregnancy were terminated, including the risk of premature delivery and adverse effects on future pregnancies.
The court advised the petitioner to seek assistance from AIIMS, New Delhi, for delivery and further guidance, assuring access to necessary facilities. Additionally, the Central government was highlighted as an avenue for adoption if the woman wished to pursue that option.
The petitioner, preparing for the NEET exam, expressed distress over the pregnancy’s impact on her education and future prospects. However, the court underscored the absence of conditions warranting abortion under the Medical Termination of Pregnancy Act, which allows termination beyond 24 weeks only in cases of fetal abnormalities or risks to the mother’s life.
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The woman’s lawyer argued the potential risks associated with continuing the pregnancy, including social stigma and career jeopardy. Nonetheless, the court upheld its decision based on the legal framework provided by the MTP Act.
In essence, the court’s ruling reflects the complex balance between protecting the rights of the unborn and addressing the concerns of the pregnant woman, navigating the delicate terrain of reproductive rights within the bounds of existing legal provisions.
