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NEW DELHI: The Supreme Court on Thursday filled a legislative vacuum in the Medical Termination of Pregnancy Act and relevant Rules to confer on an unmarried woman the right to terminate a 20-24 week unwanted pregnancy, if medical experts certified its safety.
“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom,” said a bench of Justices D Y Chandrachud, Surya Kant and A S Bopanna. It asked the AIIMS director to depute medical experts to examine an unmarried Manipur girl, deserted by her partner when she was 20 weeks pregnant, and determine whether it is safe for her to abort.
The woman was denied permission to terminate the pregnancy by the Delhi high court on the ground that unmarried girls were not included in the provisions of the MTP Act. The HC had only agreed to examine the legality of denial of right to unmarried women to terminate a 20-24 week pregnancy. The SC said making the petitioner suffer an unwanted pregnancy would be contrary to the intent of the law and that she should not be denied its benefit only because she is unmarried.
“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom,” said a bench of Justices D Y Chandrachud, Surya Kant and A S Bopanna. It asked the AIIMS director to depute medical experts to examine an unmarried Manipur girl, deserted by her partner when she was 20 weeks pregnant, and determine whether it is safe for her to abort.
The woman was denied permission to terminate the pregnancy by the Delhi high court on the ground that unmarried girls were not included in the provisions of the MTP Act. The HC had only agreed to examine the legality of denial of right to unmarried women to terminate a 20-24 week pregnancy. The SC said making the petitioner suffer an unwanted pregnancy would be contrary to the intent of the law and that she should not be denied its benefit only because she is unmarried.
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