Delhi High Court to examine pregnancy rules which exclude unmarried women
India TodayTaking note of the loopholes in the existing Medical Termination of Pregnancy Rules, 2003, the Delhi High Court is all set to examine why an unmarried woman whose pregnancy arises out of a consensual relationship is not covered under the rules. The court has now issued notice to the extent of the prayer in the writ petition seeking direction to include unmarried women within the ambit of Rule 3B of the Medical Termination of Pregnancy Rules 2003 for termination of pregnancy under clause of sub-section of Section 3 of the MTP Act, for a period of up to 24 weeks. The current Medical Termination of Pregnancy Rules 2021, which specify the categories of women eligible for abortion of pregnancy up to 24 weeks, are: Survivors of sexual assault, rape, or incest, minors Change of marital status during an ongoing pregnancy Women with physical disabilities Mentally ill women, including mental retardation Women with pregnancy in humanitarian settings or disaster or emergency situations In the instant case, besides asking for interim relief, the petitioner has also challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003 and said that it is violative of Article 14 of the Constitution of India, 1950, inasmuch as it excludes an unmarried woman. "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.