Delhi High Court Allows Live-In Relationship Woman Medical Termination Of Pregnancy

Delhi High Court has recently allowed a 27-year-old woman who was a single mother and left by her husband to terminate her 22-week pregnancy।

Justice Sanjeev Narula reiterated that Article 21 of the Constitution includes pregnant women’s bodily autonomy and right of self-determination।

The couple got married in 2016 and in 2017 a baby girl was born। Later, her husband left her and her daughter। In the case of the woman, she was unaware of the whereabouts of her husband।

She claimed that her pregnancy was unwanted because it came from a live-in relationship। She stated that she was afraid of being subjected to social stigma and ostracization।

Also, her case was that she came from a poor family and had severe financial issues. As a result, she was unable to raise and care for a second child।

Allowing the plea, the court said the law correctly categorizes the petitioner woman among those women who have the right to seek a medical abortion even after 20 weeks—even after 24 weeks।

“This purpose of the MTP Act and Rules, as interpreted by the Supreme Court, takes into consideration the significant effects of such life alterations।

It was noted that the AIIMS medical board’s report stated that no congenital anomalies were found in the fetus, but it did not discuss whether the pregnancy’s continued existence put her physical or mental health at risk।

The Petitioner has made it clear that she is already struggling to financially support her first child, even working multiple jobs in order to sustain herself and her child। As a result, the Petitioner’s reasonably foreseeable environment should have been

It was found that the woman’s continued pregnancy put her mental health at risk given the reasonably foreseeable environment for her and the baby।

Title: MRS C v. PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT OF NCT OF DELHI AND ORS

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