The Delhi High Court has permitted a 30-year-old unmarried woman to terminate her pregnancy beyond the statutory limit of 22 weeks, holding that compelling her to continue would intensify her trauma and subject her to social stigma.
Justice Ravinder Dudeja, delivering the verdict on Wednesday, observed that forcing the woman to carry the pregnancy would not only aggravate her suffering but also hinder her recovery from the emotional and physical scars of sexual abuse.
“The court is of the considered opinion that suffering of the victim cannot be compounded if she is forced to continue the pregnancy. Apart from 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.
The petitioner, who was allegedly in a live-in relationship with a man for two years on the false assurance of marriage, became pregnant in late 2024 but was coerced into terminating it. She conceived again in June 2025, and when she resisted undergoing another abortion, the man allegedly assaulted her on May 15 and later abandoned her.
She subsequently lodged a complaint, leading to the registration of an FIR under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), including charges of rape, voluntarily causing hurt, and criminal intimidation.
In her plea, the woman asserted that the pregnancy was the outcome of sexual abuse and that its continuation would cause grave injury to her mental and physical health, besides exposing her to severe social stigma.
The All India Institute of Medical Sciences (AIIMS), in its medical opinion, confirmed that the woman was fit to undergo termination.
Under the Medical Termination of Pregnancy (MTP) Act, abortion is legally permitted up to 20 weeks. Following the 2021 amendment, certain categories of women—including survivors of sexual assault—are allowed termination up to 24 weeks with medical board approval. Courts, in exceptional cases, may allow termination beyond 24 weeks, particularly in instances of foetal abnormalities or serious risk to the woman’s health.
Taking note of the facts, the High Court allowed the termination, stressing that the petitioner’s rights to dignity, health, and mental well-being outweighed the statutory limit. The judgment underscores the judiciary’s evolving interpretation of reproductive rights, particularly in cases of abuse and coercion, where continuing the pregnancy would perpetuate injustice.
