Permission granted for termination of pregnancy caused by sexual relations on the false pretext of marriage, beyond 20 weeks
Court Allows Medical Termination of Unwanted Pregnancy Resulting from Sexual Relations on False Pretext, Orders Preservation of Foetal Tissue for Investigation
Report:
In a landmark judgment underscoring the importance of reproductive autonomy and dignity, the Delhi High Court has permitted the medical termination of a woman's pregnancy, which had exceeded 20 weeks, citing her right to bodily autonomy under Article 21 of the Constitution of India. The decision, delivered by Justice Ravinder Dudeja, aligns with the evolving jurisprudence on reproductive rights and personal liberty.
The petitioner, a 30-year-old unmarried woman, had approached the court seeking permission to terminate her pregnancy, which was the result of sexual relations established under the false promise of marriage. The case against the accused, Aman Singh, is currently under investigation following the registration of FIR No. 459/2025 at PS Sarita Vihar under sections of the Bharatiya Nyaya Sanhita, 2023.
The court acknowledged the severe mental and physical trauma experienced by the petitioner due to the unwanted pregnancy, which had reached 22 weeks. It emphasized that forcing a woman to continue an unwanted pregnancy violates her dignity, privacy, and decisional freedom. Citing precedents such as Suchita Srivastava v. Chandigarh Administration and X v. Principal Secretary, Health & Family Welfare Deptt., the judgment reinforced that reproductive choice is a dimension of personal liberty and central to Article 21.
The Medical Termination of Pregnancy Act, 1971, was pivotal in the court's decision. Section 3(2)(b) of the Act allows termination of pregnancy up to 24 weeks in cases involving rape, presuming grave injury to the woman's mental health. The petitioner had consulted medical professionals who confirmed her fitness for the procedure, thus meeting the statutory conditions for termination beyond 20 weeks.
Justice Dudeja directed the AIIMS Hospital to proceed with the termination while ensuring the preservation of foetal tissue and other relevant samples for DNA analysis, aiding the ongoing criminal investigation. The judgment stresses that the victim's decision to terminate the pregnancy must be given primacy, preventing further social stigma and emotional distress.
This decision marks a significant development in the protection of women's reproductive rights in India. It highlights the judiciary's role in recognizing the complexities faced by women in distressing circumstances, such as survivors of sexual violence, and ensuring their access to safe abortion services. The ruling sets a precedent for similar cases, advocating for the acknowledgment of reproductive autonomy as an essential facet of constitutional personhood.
XX v. Govt of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2780187
