Completely Viable Foetus: Delhi HC rejects 20-year-old woman's plea to terminate 28-week pregnancy
New Delhi: The Delhi High Court on Monday refused to allow a 20-year-old unmarried woman to terminate her 28-week pregnancy, stating that it would not allow the abortion for a ''completely viable foetus.''
Justice Subramonium Prasad was dealing with the petition, which now stands dismissed.
The judge said: “I am not going to allow it for a completely viable foetus of 28 weeks. In the report, I can’t see any abnormality in the foetus. Foeticide cannot be permitted."
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The court had reserved its verdict on February 1 after the woman sought permission for a medical termination of her pregnancy under the Medical Termination of Pregnancy (MTP) Act.
The doctors had refused to terminate the pregnancy as it exceeded the legally permissible limit of 24 weeks.
It also said the case was also not covered with the guidelines that permit medical termination of pregnancy even beyond 24 weeks only in cases of minor girls who are rape victims or when there are congenital abnormalities in the foetus.
The woman, in her plea, claimed she discovered her pregnancy recently from a consensual relationship.
Advocate Amit Mishra, representing the woman, said that she only became aware of the pregnancy on January 25, when she was already 27 weeks pregnant.
The lawyer stated that her unmarried status and the secrecy of her condition within her family should be considered.
Mishra urged the court to direct the All India Institute of Medical Sciences (AIIMS) to medically examine the woman, considering her mental and physical condition as well as the condition of the foetus.
“At least if we call for a report she can be guided by the doctors at AIIMS,” the counsel had argued.
"It is always open for the petitioner to approach the AIIMS and this Court is sure that AIIMS, being a premier institute, would render all facilities and advise the petitioner with regard to her pregnancy. If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion," ordered the court, reports PTI.
