Need for clarity on rights of viable foetus, says HC while allowing minor to terminate 27-week pregnancy News Air Insight

The Delhi High Court on Friday emphasised the urgent need for legislation to define the legal rights of a viable foetus in late-term pregnancy termination cases. A bench of justice Arun Monga observed that foetal viability has gained prominence in abortion jurisprudence amid rising cases seeking termination beyond the statutory limit.

“What are the rights of the foetus once it attains viability? The Medical Termination of Pregnancy Act is silent on this. With an increasing number of cases seeking termination beyond the statutory limit, the question of foetal viability has assumed considerable importance,” the court said. It added that in the absence of legislative clarity, courts have had to balance competing interests on a case-by-case basis, leaving the issue unsettled.

The remarks came while hearing a petition filed by a 15-year-old minor seeking termination of a 27-week pregnancy resulting from sexual assault. The minor alleged that the accused — the son of her former landlord — lured her under the promise of marriage, repeatedly assaulted her between December last year and April this year, and later pressured her to terminate the pregnancy. An FIR was registered under Section 69 of the Bharatiya Nyaya Sanhita and Section 6 of the POCSO Act after her parents reported the matter.

The victim cited grave mental trauma as a reason for termination. The Delhi Police opposed the plea, noting that the foetus, at 27 weeks, had a detectable heartbeat and could potentially survive if delivered via caesarean section. Dr Baba Saheb Ambedkar Hospital confirmed the likelihood of the foetus being born alive, though survival would be complicated due to prematurity.

Considering the minor’s age and the severe trauma she suffered, the court allowed the abortion, noting that its continuation would cause permanent psychological and physical harm. The bench clarified that her case fell under exceptional circumstances permitting termination beyond 24 weeks.

Under the Medical Termination of Pregnancy Act, abortions are generally allowed up to 20 weeks. The 2021 amendment extended this to 24 weeks for certain categories, including sexual assault survivors, with medical board approval. Courts may permit terminations beyond 24 weeks in exceptional cases involving foetal abnormalities or serious risks to a woman’s health.