2022 (8) TMI 298

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....dia has been filed with the following prayers:- "A. Permit the Petitioner to terminate her ongoing pregnancy through registered medical practitioners at any approved private or government center or Hospital before 15.07.2022 as her relief will be infructuous after that as the pregnancy will be of around 24 Weeks by that time; B. Restrain the Respondent from taking any coercive action or criminal proceedings against the Petitioner or any Registered Medical Practitioner terminating the pregnancy of the petitioner at any approved private center or hospital registered by Govt NCT of Delhi; C. Direct the Respondent to include unmarried woman also within the ambit of the Rule 3B of the Medical Termination of Pregnancy R....

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....use her mental agony. Further, as she is solely a B.A. graduate who is non-working, she will not be able to raise and handle the child. It is stated that she is not mentally prepared to be a mother and continuing with the pregnancy will lead to grave physical and mental injury for her. It is further stated that if she continues with the pregnancy, it will not be possible for her to get married in the future because of her child and ensuing social stigma. 5. Termination of certain pregnancies by a registered Medical Practitioners is governed by the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as 'the Act'). Section 3 of the Act provides for circumstances where pregnancies can be terminated by registered Medical Prac....

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....of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman. Explanation 2.-For the purposes of clauses (a) and (b), where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. (2A) The norms for the registered medical practitioner whose opinion is required for termination of pregnancy at different gestational age shall be such as may be prescribed by rules made under this Act. (2B) The provisions of sub-section (2) relating to the length of the pregnancy shall not ap....

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....at the Medical Practitioner can terminate the pregnancy, provided, the pregnancy does not exceed 20 weeks. Section 3(2) (b) of the Act provides for termination in circumstances where the pregnancy exceeds 20 weeks but does not exceed 24 weeks. 7. A perusal of Section 3 (2) (b) of the Act provides that the said sub-Section is applicable only to those women who are covered under the Medical Termination of Pregnancy Rules, 2003. Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which permits termination of pregnancy up to 24 weeks, reads as under:- "3-B. Women eligible for termination of pregnancy up to twenty-four weeks.- The following categories of women shall be considered eligible for termination of pregnancy under c....