Forcing woman to continue unwanted pregnancy compounds her suffering, violates dignity: Delhi HC

New Delhi [India], September 18 (ANI): The Delhi High Court on Thursday observed that forcing a woman to continue an unwanted pregnancy not only compounds her suffering but also violates her dignity, privacy, and decisional freedom guaranteed under Article 21 of the Constitution.

The court stated that a woman’s reproductive autonomy and right to bodily integrity must take precedence over all other considerations.

Justice Ravinder Dudeja allowed a 30-year-old unmarried woman to undergo medical termination of pregnancy (MTP) beyond the permissible 22-week limit, noting that the pregnancy resulted from sexual relations under the false pretext of marriage, causing the petitioner severe physical and mental trauma.

“The suffering of the victim cannot be compounded if she is forced to continue the pregnancy. Apart from the above, the victim is bound to face social stigma, which may not permit the scars left by the defilement of her body to heal. The decision of the victim whether to give birth to the conceived child or to terminate the pregnancy has to be given primacy,” the court observed.

The bench referred to landmark Supreme Court rulings in Suchita Srivastava v. Chandigarh Administration, X v. Principal Secretary, Health & Family Welfare Department. and XYZ v. State of Gujarat, which has affirmed that reproductive choice is a fundamental right under Article 21. It reiterated that pregnancies arising from sexual assault or abuse inherently cause grave injury to the mental health of women, irrespective of their marital status.

The court also took note of the medical opinion from AIIMS doctors, who confirmed that the petitioner was clinically fit to undergo MTP and had already been admitted for the procedure.

Directions were issued to ensure the collection and preservation of foetal tissue for DNA testing in connection with the pending FIR against the accused.

Allowing the plea, the court permitted the termination to be carried out forthwith at AIIMS Hospital under medical supervision. (ANI)

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