Pregnancy out of wedlock and women getting pregnant before marriage is commonly witnessed, but not accepted and supported by other people in society. Many times it is noticed that women who are pregnant due to rape, sexual assault, and other nonconsensual situations, are facing issues getting an abortion, that’s why several law and act has been made to secure the rights of these categories of pregnant women who get pregnant out of many irrational possibilities and had to go through several difficulties.
To save the rights of these areas of women and make their life more secure, an act has been made “the medical termination of pregnancy act”. By this act, pregnant women above 20 weeks can get an abortion lawfully.
Recently, a similar case got huge limelight when Delhi High Court passed an order about women who got pregnant from a consensual relationship but cannot get an abortion for 23 weeks old approx pregnancy.
Order By Delhi High Court
The Delhi High Court on Friday denied interim relief to a 25-year-old unmarried woman seeking permission to terminate her 23-week-and-5-day pregnancy. The bench stated that an unmarried woman who becomes pregnant as a result of a consensual relationship is not covered by any of the sections of the 2003 Medical Termination of Pregnancy Rules.
A division bench judge stated, that the Petitioner, an unmarried lady with a consenting relationship, is plainly not covered by any of the clauses in the Medical Termination of Pregnancy Rules, 2003. As a result, Section 3(2)(b) of the Act does not apply to the facts of this case.
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Facts about the case
The woman is a permanent Manipur resident who currently resides in Delhi. According to the court, the pregnancy is the result of a consensual relationship, and she is unable to give birth to the kid since she is an unmarried woman and her partner refused to marry her. Her lawyer further stated in court that if the unmarried woman, who is merely an Arts graduate, gives birth to the kid, she will face “ostracism” and mental anguish. According to the court, she was “dumped” by her partner at the last minute when he backed out of the marriage pledge.
During the hearing
We will not let you murder the child. There have been 23 weeks already passed, the court said. For normal delivery, how many weeks will the infant be in the womb? How many weeks are there left? You can pass your child for adoption. “Why are you murdering the child?” The division bench stated.
Survivors of sexual assault, rape, or incest; minors; change of marital status during an ongoing pregnancy (widowhood and divorce); women with physical disabilities, and major disabilities as defined by the Rights of Persons with Disabilities Act, 2016 are among the women who can seek relief under this Act.
Women who are mentally ill, including those with mental retardation; foetal malformations that pose a significant risk of being incompatible with life, or if the child is born, it may suffer from such physical or mental abnormalities as to be severely handicapped; and women who are pregnant in humanitarian settings, disaster or emergency situations declared by the government.
Her counsel, Dr. Amit Sharma, told the court that her case falls under Section 3(2)(b)(i) of the Medical Termination of Pregnancy Act, which states that a pregnancy between 20 and 24 weeks can be terminated if two doctors agree that “the continuation of the pregnancy would involve a risk to the pregnant woman’s life or grave injury to her physical or mental health.”
On Friday, the court ruled that it is not forcing the lady to raise the child and that she would be transported to a suitable facility. Please return after the baby has been delivered. Everything will be handled by the Indian government or a recognized hospital in Delhi.
While the legislation allows for the termination of a pregnancy up to 20 and 24 weeks if the women meet the standards outlined in the MTP Act and MTP Rules, a pregnancy beyond that period can only be terminated if doctors believe it is “urgently required to save the pregnant woman’s life.”
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