TMI Blog2022 (8) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... ractitioner 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 - 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. The Petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the Clauses under the Medical Termination of Pregnancy Rules, 2003. Therefore, Section 3(2)(b) of the Act is not applicable to the facts of this case. Learned counsel for the Petitioner states th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Rules 2003 (as amended on 21.10.2021) for termination of pregnancy under clause (b) of sub-section (2) Section 3 of the MTP Act, for a period of up to twenty-four weeks; D. Order an immediate Interim Relief of Stay during the course of proceedings. 2. Issue notice, restricted only to Prayer C of the writ pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tinues 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 Practitioners. The relevant portion of the said the Act reads as under:- 3.When pregnancies may be terminated by registered medical practitioners. (1)Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board. (2C) Every State Government or Union territory, as the case may be, shall, by notification in the Official Gazette, constitute a Board to be called a Medical Board for the purposes of this Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 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 clause (b) of sub-section(2) section 3 of the Act, for a period of up to twenty-four weeks, namely:- (a) survivors of sexual assault or rape or incest; (b) minors; (c)change of marital status during the ongoing pregnancy (widowhood and divorce); (d) women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016 (49 of 2016)]; (e) mentally ill ..... X X X X Extracts X X X X X X X X Extracts X X X X
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