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Delhi High Court Clears 22-Week Abortion for Woman Citing False Promise of Marriage

The court relied on an AIIMS assessment finding her fit for the procedure, prioritizing her reproductive autonomy under Article 21.

Overview

  • The order directs AIIMS to perform the termination forthwith and to ensure foetal tissue and other samples are preserved for DNA testing at the FSL for the ongoing FIR investigation.
  • Justice Ravinder Dudeja held that forcing continuation of an unwanted pregnancy would compound the petitioner’s trauma and expose her to social stigma, and that her decision must take primacy.
  • The petitioner alleges a live-in relationship built on a promise of marriage, an earlier medication-induced termination, and subsequent assault and abandonment, leading to an FIR under BNS sections including rape, hurt and intimidation.
  • AIIMS’ court-constituted medical board found the woman clinically fit for the procedure, after which the hospital was formally authorized to proceed.
  • Under the MTP Act, abortion is generally permitted up to 20 weeks, extended to 24 weeks for certain categories after the 2021 amendment, with courts permitting exceptions beyond statutory limits in exceptional circumstances.