The Delhi High Court on Wednesday allowed a 30- year- old unmarried woman to terminate her pregnancy, which had crossed 22 weeks, ruling that continuing it would severely affect her physical and mental health. The case was heard by Justice Ravinder Dudeja in W.P.(CRL) 2949/2025, XX vs Govt. of NCT of Delhi and Anr, where the petitioner had approached the court under Article 226 seeking urgent medical termination.
Background
According to the petition, the woman had been in a live- in relationship with Aman Singh for nearly two years. She alleged that Singh repeatedly established sexual relations with her on the false promise of marriage. In late 2024, she conceived once and was forced to terminate that pregnancy. When she became pregnant again in June 2025 and refused another abortion, she was assaulted and later abandoned. This led her to file an FIR at Sarita Vihar police station under provisions of the Bharatiya Nyaya Sanhita (BNS), 2023.
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Her lawyers argued that forcing her to carry the pregnancy would not only cause grave mental trauma but also expose her to social stigma. They relied on earlier Supreme Court rulings affirming that reproductive choice is an integral part of the fundamental right to life and liberty under Article 21 of the Constitution.
Court's Observations
The court carefully examined medical reports from AIIMS, where the petitioner had been evaluated by two senior doctors. Both doctors confirmed she was medically fit for termination and that no serious risk was involved.
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Justice Dudeja referred to precedents including Suchita Srivastava v. Chandigarh Administration (2009), X v. Principal Secretary, Health & Family Welfare Deptt. (2022) , and XYZ v. State of Gujarat (2023), noting that every woman, irrespective of her marital status, has the right to bodily integrity and reproductive autonomy.
''The bench observed, 'Suffering of the victim cannot be compounded if she is forced to continue the pregnancy. Her decision has to be given primacy. ''
The judge also pointed out that Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act, 1971, allows termination up to 24 weeks in cases of rape or sexual assault. By law, anguish caused by pregnancy from such circumstances is presumed to cause grave injury to a woman's mental health.
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Decision
In light of the medical opinion and constitutional principles, the High Court permitted immediate termination of pregnancy at AIIMS, New Delhi. It directed that foetal tissue and other samples be preserved for forensic DNA testing to support the ongoing criminal investigation in FIR No. 459/2025.
With this, the writ petition was disposed of, marking another strong affirmation of women's right to make decisions about their own bodies.
Case Title: XX vs Govt. of NCT of Delhi and Anr
Case Number : W.P.(CRL) 2949/2025
