The Delhi High Court has approved a request by a 30-year-old unmarried woman to end her pregnancy beyond 22 weeks. She claimed that the pregnancy resulted from sexual abuse under the false promise of marriage.
Justice Ravinder Dudeja said that making the woman continue the pregnancy would deepen her trauma and expose her to social stigma, preventing her from healing emotionally.
“The court is of the considered opinion that 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 order stated.
Case background
The woman said she had been in a live-in relationship for two years after being promised marriage. She became pregnant in November/December last year but was forced to terminate the pregnancy. She became pregnant again in June 2025, and when she refused another termination, the accused allegedly assaulted her on May 15 and abandoned her.
She then filed a complaint, and an FIR was registered under relevant sections of the Bharatiya Nyaya Sanhita (BNS), including rape, voluntarily causing hurt, and criminal intimidation.
Health and legal reasons for termination
In her petition, the woman said continuing the pregnancy would seriously harm her physical and mental health and bring social stigma. She had approached a hospital for termination, but permission from the court was needed because the pregnancy had passed 20 weeks, and the FIR was still pending.
The All India Institute of Medical Sciences (AIIMS) confirmed that she was fit for the procedure.
Legal framework under MTP Act
The Medical Termination of Pregnancy (MTP) Act allows abortions up to 20 weeks. The 2021 amendment allows certain women, including sexual assault survivors, to terminate pregnancies up to 24 weeks with medical board approval. In exceptional cases involving serious health risks or foetal abnormalities, courts can allow termination even beyond 24 weeks.