Can unmarried women having 24-week pregnancies out of consensual relationships terminate their pregnancies? Supreme Court to decide

New Delhi: Can unmarried women terminate their pregnancies up to 20 weeks, if the pregnancies arise out of consensual relationships? - This important issue will soon be decided by the apex court of the country after a 25-year-old unmarried woman approached the Supreme Court on Tuesday seeking permission to terminate her 24-week-old fetus after her plea was rejected by the Delhi High Court.

The High Court earlier rejected the woman's plea stating that the pregnancies up to 24 weeks of unmarried women, arising out of consensual relationships are not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003.

However, getting worried about her physical and mental health condition since it has been already 24 weeks of her pregnancy, she approached the Supreme court with her lawyer and submitted a petition against the Supreme Court bench comprising Chief Justice N V Ramana, Justice Krishna Murari and Justice Hima Kohli seeking for termination. 

Also read- Pregnancies Up To 24 Weeks Of Unmarried Women Arising Out Of Consensual Relationships Not Covered Under MTP Act: Delhi HC

Medical Dialogues team had earlier reported the case that the HC bench refused the plea by referring to the Medical Termination of Pregnancy Act, 1971, which governs termination of certain pregnancies by registered Medical Practitioners. Section 3 of the Act provides for circumstances where pregnancies can be terminated by registered Medical Practitioners. Referring to this, the Court noted, "A perusal of Section 3(2) (a) of the Act provides that the Medical Practitioner can terminate the pregnancy, provided, the pregnancy does not exceed 20 weeks. Section 3(2) (b) of the Act provides for the termination in circumstances where the pregnancy exceeds 20 weeks but does not exceed 24 weeks."

"A perusal of Section 3 (2) (b) of the Act provides that the said sub Section is applicable only to those women who are covered under the Medical Termination of Pregnancy Rules, 2003," noted the bench.

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Referring to Rule 3B of the Medical Termination of Pregnancy ( MTP) Rules, 2003, which permits termination of pregnancy up to 24 weeks the bench observed, "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. Therefore, Section 3(2)(b) of the Act is not applicable to the facts of this case."

As per Rule 3B of the Medical Termination of Pregnancy Rules, 2003, women who are eligible for termination of pregnancy up to twenty-four weeks include- survivors of sexual assault or rape, minors, whose marital status changes during the ongoing pregnancy, women with physical disabilities, mentally ill and retarded women, foetal malformation, women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the government.