Ms X v. Health and family welfare department GNCTD A 25 year unmarried woman was refused to terminate her pregnancy older than 23 weeks.
As per Medical Termination of Pregnancy Rules, 2003 (MTP) it is not permitted to terminate pregnancy after 20 weeks and S. 3(2)(b) of the act does not apply to the facts of the present case, Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad added.
Rule 3B of the MTP act includes victims of rape, minors, changed marital status of a women during pregnancy, mentally-ill women and women with foetal malformation only are permitted to terminate pregnancy and does not include unmarried women.
The petitioner stated she doesn’t want to continue her pregnancy and prayed to include “unmarried women” in the scope of Rule 3B of the MTP Rules.
But the court refused to permit termination of the child after 20 weeks since it resulted in the killing of the child and suggested giving the child up for adoption so that she wouldn’t be forced to raise the child. Instead
the Government will look after the child, and the Chief Justice himself produced an interest to pay for the child.
Senior Advocate Kapil Sibal supported the opinion of the court and opined that a child at this stage is not set to be aborted.
The petitioner expressed disinterest in continuation of the pregnancy since it adversely affects her physical and mental health.
The court refused to permit termination as it amounted to the killing of the child.