Woman moves Supreme Court after Delhi HC denied appeals to terminate pregnancy | Latest News India

Three days after the Delhi High Court asked a 25-year-old unmarried woman to put the baby up for adoption instead of terminating her 23-week-and-four-day pregnancy, she on Tuesday moved the Supreme Court for permission to abort her fetus.

The woman’s lawyer on Tuesday raised a plea before Chief Justice of India NV Ramana for the hearing itself, arguing that she is suffering immense psychological trauma and that the daily delay is taking its toll on her physically and mentally.

“We have been informed by you about your request. Let’s see. Justice Ramana replied that we will consider listing it.

Also read:Denied permission to terminate the pregnancy by the Delhi High Court, the woman’s appeal is now in the SC

The Delhi High Court on July 15 asked the woman to adopt her child, saying that allowing abortion at this stage would be de facto killing the foetus. “We will not allow you to kill that child. (We) are very sorry. It is virtually tantamount to killing (the fetus),” it noted.

Limit on termination of pregnancy for special categories including rape survivors and disabled and other vulnerable women including minors is 24 weeks; The corresponding window for unmarried women in consensual relationships is 20 weeks.

The woman approached the High Court citing her unmarried status and a failed relationship in which her partner “ditched” her at the last moment (about 18 weeks into the pregnancy). Her lawyer argued that social stigma coupled with psychological and financial constraints forced her to approach the court to terminate the pregnancy at an advanced stage. She said the woman was the eldest of four siblings and her father was a farmer.

Standing counsel for the central government, Kirtiman Singh, opposed the plea in the High Court, arguing that permission could not be granted as the fetus was developed and the child was still breathing.

In this case, the High Court directed the woman to have a child. “Nobody knows your presence. Deliver the baby, please come back … you ask the client. Everything is taken care of by Govt of India or Govt of Delhi or any good hospital. I am also ready to pay,” High Court Chief Justice Satish Chandra Sharma, who headed the bench, said on Friday.

In its order released on Saturday, it noted that a woman is not allowed under the abortion law to terminate a pregnancy resulting from a consensual relationship after 20 weeks.

Citing the order, the court said, “an unmarried woman and an applicant who has become pregnant through a consensual relationship are not expressly subject to any conditions under the Medical Abortion Rules, 2003”. Legislation in exercise of its powers under 226 (writ jurisdiction) of the Constitution.

The High Court, which had fixed the matter for hearing on August 26, sought a response from the central government on her plea challenging alleged discrimination against unmarried women seeking to terminate their pregnancies after 20 weeks.

Leave a Comment