Unmarried woman can't be denied choice of abortion: SC

A widow or a divorced woman is also allowed to terminate pregnancy in the term of 20-24 weeks, the bench added

Ashish Tripathi, DHNS, New Delhi,

Jul 21 2022, 16:03 ist
updated: Jul 21 2022, 21:46 ist

The Supreme Court on Thursday ruled that a woman cannot be denied an opportunity to terminate her pregnancy just because she is unmarried.

A bench presided over by Justice D Y Chandrachud noted that the amendment made into the Medical Termination of Pregnancy Act in 2021 used the term "partner" instead of husband to cover even unmarried women.

The court pointed out that the Parliamentary intent was not to confine the benefits to situations arising out of matrimonial relationships. In fact, a widow or a divorced woman is allowed to terminate pregnancy in the term of 20-24 weeks, the bench added.

The court was hearing a plea by a 25-year-old unmarried woman, who questioned the Delhi High Court's July 16 order declining her request to terminate her 24-week foetus in view of her consensual relationship.

Also read | India's abortion law: Why it fails many women

"Allowing the petitioner to suffer an unwanted pregnancy will go against the parliamentary intent. The benefits under the Act cannot be denied to her only on the basis of her being unmarried. The distinction between a married and an unmarried woman has no nexus to the object sought to be achieved by the Parliament," the bench said.

It directed AIIMS Delhi chief to set up a medical board in terms of provisions of Section 3(2)(d) MTP Act on Friday to examine if her pregnancy can be safely terminated without endangering her life.

Maintaining that the High Court had taken an unduly restrictive view in the case, the top court issued notice to the Centre on interpretation of the provisions of the law.

The woman in her plea said it was difficult for her to bring up the child as her partner had refused to marry her. She also said she was one of the five siblings of her parents, who were agriculturist. Besides giving birth to the child out of wedlock would entail ostracisation and cause her mental agony. She also said she was just an Arts graduate and non-working, so she would not be able to get sufficient means to raise the child.