Today, the Delhi High Court denied permission for the termination of a 28-week pregnancy for a 20-year-old unmarried woman, asserting that the fetus was deemed "completely viable" and emphasizing the impermissibility of foeticide in this context.

The Medical Termination of Pregnancy (MTP) Act allows for the abortion of a fetus up to a maximum of 24 weeks. However, in situations involving significant fetal abnormalities, termination beyond the 24-week limit is possible with the approval of a medical board.

“This court is not going to permit termination of pregnancy at 28 weeks. 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 judge said.

In her plea, the woman asserted that she was in a consensual relationship and became aware of her pregnancy only in the recent past. Advocate Amit Mishra, who represented the woman, stated that she discovered her pregnancy on January 25, when she was already 27 weeks pregnant.

She sought medical advice to terminate the pregnancy due to her inability to bear the child but encountered refusal from doctors, citing the restriction imposed by the MTP Act, which only permits termination up to the 24-week period, as highlighted by the lawyer.

The lawyer emphasized that nobody in her family was aware of her pregnancy, and given her unmarried status, he appealed for the consideration of her case under the Medical Termination of Pregnancy (MTP) provisions.

He urged the court to instruct the All India Institute of Medical Sciences (AIIMS), Delhi, to conduct a comprehensive medical examination of the woman. This examination would assess both her mental and physical well-being and also evaluate the status of the fetus.

The court, however, refused to consider the prayer.