After a woman was denied permission by the Delhi High Court to terminate her 24-week-pregnancy, she has now moved the Supreme Court. Chief Justice NV Ramana has said the court will consider the petition for urgent listing.
Last week, the Delhi High Court had refused the permission for abortion to the 25-year-old unmarried woman. The court told her to consider the option of adoption. “We will not permit you to kill that child. (We are) very sorry. This virtually amounts to killing (the foetus),” said the court orally as it noted that almost 24 of the 36 weeks of gestation were over.
While 24 weeks is the acceptable upper gestation limit for the termination of pregnancy for special categories, including survivors of rape and other vulnerable women such as the differently-abled and minors, for unmarried women, the window remains 20 weeks.
The woman had moved court citing her unmarried status and a failed relationship wherein her partner “ditched” her at the last moment (about 18 weeks of pregnancy).
Even though the Delhi court declined to provide immediate relief, it agreed to examine the legality of the provision. A notice was also sent to centre on the alleged discrimination against unmarried women who want to terminate their pregnancy after 20 weeks
The woman had moved court citing her unmarried status and a failed relationship where her partner ditched her at about 18 weeks of pregnancy.
“The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003,” the court noted in its order dated July 15.