The single-judge bench of High Court has denied permission to abortion to a 19-years old stating that she is of the age to well understand the consequences of unprotected sex.

The petitioner in her plea alleged her partner of sexual relation on promise of marriage. She stated that they were in a relationship from past 4-5 years and after he refused to fulfill the marriage promise, she knocked Court's door for permission to abort the child.

The single-judge bench herein noted that the petitioner was deeply in love with the accused and was having consensual sex.

“The petitioner is aged about 19 years, therefore, she is mature enough to realize the consequences of consensual sex without any precaution.”

What Medical Termination of Pregnancy Act, 1971 says?

Medical Termination of Pregnancy Act’s Sub-section (2) of Section 3 states that pregnancy exceeding beyond 12 weeks and shorter than 20 weeks can be terminated only if at least two doctors advice it or if the pregnant woman is at a serious health risk either mentally or physically. Abortion is also allowed if the child is conceived after rape.

Court's Observation

The Court in the present case has observed that the petitioner was not raped and that she was having consensual sex with the accused.

The Court thus said, “The petitioner is a major girl knowing fully well the pros and cons of consensual sex without any precaution. Even the FIR was lodged after it was detected that the petitioner is pregnant.”

It added:

“This Court is of the considered opinion that since the petitioner involved herself in a consensual sex knowing fully well about the consequences of such act, and the allegations made in FIR, do not prima facie make out a case of consent obtained by misrepresentation of fact, therefore, under these circumstances, medical termination of pregnancy cannot be permitted.”

Pointing further that the it had to only determine as to whether the permission for medical termination of pregnancy can be given or not specifically in the light of the provisions of IPC that the termination of pregnancy is otherwise an offence, the Court dismissed the petition.

"This Court is of the considered opinion that since the petitioner involved herself in a consensual sex knowing fully well about the consequences of such act, and the allegations made in FIR, do not prima facie make out a case of consent obtained by misrepresentation of fact, therefore, under these circumstances, medical termination of pregnancy cannot be permitted."