Delhi HC turns down plea by unmarried woman to terminate pregnancy at 23 weeks

She has carried the child for 24 weeks, why not wait some more weeks: judges

It virtually amounts to killing the foetus, the Delhi High Court observed while denying permission to an unmarried woman on Friday to medically terminate her 23-week pregnancy.

A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad while reserving it order on the woman’s plea seeking permission to terminate her pregnancy asked why she approached to the court “at the last moment”.

The woman’s counsel replied, “circumstances were such that she was unable to decide, and at the last moment her partner ditched her. The pregnancy is the result of consensual relationship. The 24-week period is going to get over by July 18”.

“Since she is not a divorcee and widow she requires permission of the court to terminate pregnancy till 24 weeks. It will lead to immense mental injury if she is denied her reproductive right,” her counsel argued.

“We will give you an order on merits. So that you have a window of two days,” the Bench said.

The woman’s counsel said, “Her parents are farmers. She is the eldest of five children and has four younger brothers. Her pregnancy has happened accidentally and now she is at the mercy of the court”.

The Bench replied, “She has carried the child for 24 weeks, why not wait some more weeks (till the delivery). We are rejecting your application”.