Petitioner denied permission for abortion before 24 weeks under Rule 3B. Court upholds rule; interim relief denied.

The court dismissed the petitioner's application for permission to terminate her pregnancy before 24 weeks as she did not fall under the specific categories listed in Rule 3B of the Medical Termination of Pregnancy Rules, 2003. The court declined to grant interim relief on the challenge to the rule's validity under Article 14 of the Constitution of India, maintaining the status quo pending further legal proceedings.

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Issues:
1. Termination of pregnancy of an unmarried woman under the Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy Rules, 2003.
2. Validity of Rule 3B of the Medical Termination of Pregnancy Rules, 2003 under Article 14 of the Constitution of India.

Issue 1: Termination of pregnancy of an unmarried woman under the Medical Termination of Pregnancy Act, 1971 and the Medical Termination of Pregnancy Rules, 2003:

The petitioner, an unmarried woman, filed a writ petition seeking permission to terminate her pregnancy before reaching 24 weeks. The petitioner's situation involved being 25 years old, pregnant for 23 weeks 5 days, and unable to raise the child due to various reasons, including being unmarried and her partner's refusal to marry her. The petitioner argued that continuing the pregnancy would cause grave physical and mental harm and prevent her from marrying in the future due to social stigma. However, the court noted that Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, allowing termination up to 24 weeks, is applicable only to specific categories of women listed in Rule 3B of the Medical Termination of Pregnancy Rules, 2003. Since the petitioner did not fall under any of these categories, the court found that the Act's provisions did not apply to her case.

Issue 2: Validity of Rule 3B of the Medical Termination of Pregnancy Rules, 2003 under Article 14 of the Constitution of India:

The petitioner's counsel argued that Rule 3B of the Medical Termination of Pregnancy Rules, 2003, excluding unmarried women from its scope, violated Article 14 of the Constitution of India, which guarantees equality before the law. The court acknowledged the constitutional challenge but emphasized that the validity of the rule could only be determined if it was found ultra vires. As the rule was currently in force, the court stated that it could not overstep the statutory provisions. The court declined to grant interim relief, noting that doing so would essentially decide the writ petition itself. Therefore, the court dismissed the application for interim relief, maintaining the status quo until further legal proceedings.

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