SC to consider listing woman's plea seeking termination of 23-week foetus

In an order issued on July 16, Delhi HC had refused to grant permission to the woman to abort the 23-week foetus, saying it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship

The Supreme Court on Tuesday agreed to consider listing the plea of an unmarried woman who was not allowed by the Delhi High Court to undergo medical termination of pregnancy at 23 weeks arising out of a consensual relationship.

The High Court, while hearing the plea last Friday, had observed that it virtually amounts to killing the foetus.

A Supreme Court bench comprising Chief Justice of India N.V. Ramana, Justice Krishna Murari and Justice Hima Kohli was told by the woman’s lawyer that the plea needed an urgent hearing keeping in mind the facts of the case.

"Just now we have been given papers. Let us see," the bench said.

In an order issued on July 16, a Delhi HC bench refused to grant permission to the woman to abort the 23-week foetus, saying it is not permitted under the abortion law after 20 weeks for pregnancy arising out of a consensual relationship.

The High Court, however, sought the Centre's response on the woman's contention that exclusion of unmarried women from being allowed to undergo medical termination of pregnancy up to 24 weeks was discriminatory.

The petitioner, a 25-year-old woman, who would complete 24 weeks of gestation on July 18, had told the court that her partner, with whom she was in a consensual relationship, had refused to marry her.