Delhi HC denies abortion for 28-week pregnant woman, says foeticide can’t be permitted

New Delhi, Feb 5 (IANS) Delhi High Court on Monday refused to grant permission for termination of a 20-year-old unmarried woman’s 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.”

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.

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.