SC Allows Termination Of Pregnancy At 24 Weeks, Says Cant Deny Right To Abortion To Unmarried Woman

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SC Allows Termination Of Pregnancy At 24 Weeks, Says 'Can't Deny Right To Abortion To Unmarried Woman'

“We believe that allowing the petitioner to suffer an unwanted pregnancy will go against the parliamentary intent, and the benefits under the Act cannot be denied to her only because she is unmarried," the bench said.

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The Supreme Court on Thursday (July 21) passed an ad-interim order to allow an unmarried woman to abort her 24-week pregnancy arising out of a consensual relationship, subject to a medical board constituted by the All India Institute Of Medical Sciences (AIIMS) Delhi, concluding that the foetus can be aborted without risk to her life.

A bench headed by Justices DY Chandrachud observed that the Delhi High Court took an unduly restrictive view of the Medical Termination of Pregnancy Rules provisions while declining the woman's interim relief, India Today reported.

"Petitioner should not be denied the benefit on the ground that she is an unmarried woman", the SC said in its order.

'Unwanted Pregnancy Against Parliamentary Intent'

"We believe that allowing the petitioner to suffer an unwanted pregnancy will go against the parliamentary intent, and the benefits under the Act cannot be denied to her only because she is unmarried. The difference between a married and an unmarried woman has no nexus to the object sought to be achieved by the Parliament," the bench said.

The 25-year-old woman, a Manipur resident currently residing in Delhi, moved to the apex court after the Delhi HC rejected her plea last week.

A two-judge bench of the Delhi court had observed that it would "amount to killing the child," The Indian Express reported.

Further, the bench noted that after the 2021 amendment, the Medical Termination of Pregnancy Act uses the word partner instead of husband in the explanation of Section 3 and said this indicates the legislative intent to cover unmarried women under the Act.

Widow, Divorcee Allowed To Abort Child

It observed that the parliamentary intent is not to confine the benefits to situations arising from marital relationships and noted that a widow or a divorced woman is allowed to terminate the pregnancy at 20-24 weeks.

The bench held that allowing the petitioner to suffer an unwanted pregnancy will be contrary to the object and spirit of the legislation.

The High Court had observed that an unmarried woman whose pregnancy arises out of a consensual relationship is not covered under the Medical Termination of Pregnancy Rules, 2003.

The apex court did not agree with the Delhi HC's view and termed it as an unduly restrictive view in as much as Rule 3(b) speaks of change in the marital status of woman, followed by expressions of widowhood or divorce and held that expression change in marital status must be given a purposive interpretation.

The bench asked the AIIMS Delhi Director to constitute a medical board in terms of provisions of Section 3(2)(d) MTP Act.

"The Medical Board concludes that the foetus can be aborted without any danger to the life of petitioner, the AIIMS shall carry out the abortion in terms of the petition," the order states.

In addition, the Supreme Court issued a notice to the Union Government and has sought the help of Additional Solicitor General Aishwarya Bhati on the legislative interpretation.

Also Read: Tamil Nadu: 19-Yr-Old Brain-Dead Student Gives New Lease Of Life To 5 Patients In Chennai


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