Supreme Court allows abortion to 24 weeks pregnant unmarried woman

Supreme Court On Pregnancy Termination: The Supreme Court, while expanding the Medical Termination of Pregnancy Act, allowed an unmarried woman who is 24 weeks pregnant to have an abortion. The woman used to live with her partner in a live-in relationship and she became pregnant due to a consensual relationship between the two.

A bench of Justices DY Chandrachud, Surya Kant and AS Bopanna to determine whether termination of pregnancy could endanger the life of the woman. The AIIMS Director was directed to constitute a Medical Board of two doctors to examine the woman by Friday under the provisions of the Medical Termination of Pregnancy (MTP) Act.

The Supreme Court said that under the amendment made in the Medical Termination of Pregnancy 2021, the word woman and her partner have been used in the Act. There the word partner is used and not the word husband. In such a situation, unmarried women are also covered under the purview of the Act.

SC made this comment

The Supreme Court said that the petitioner woman cannot be denied the facility of the Act because she is unmarried. The Supreme Court said that the petitioner woman is facing difficulties due to unwanted pregnancy and which is against the spirit of the law. The top court sought the medical board’s report within a week of the process and said that the order of the Delhi High Court would remain modified to the above limits. The Supreme Court said that in the month of June, the consensual woman came to know about her pregnancy and during the investigation it was found that she is 22 weeks pregnant. After which she decided to have an abortion.

Delhi HC did not approve

A bench of the Delhi High Court, in an order issued on July 16, while hearing the woman’s petition, had refused to allow the woman to abort a 23-week-old fetus. The court, in its order, had denied the permission for abortion, saying that it was literally tantamount to killing the fetus. Therefore it cannot be allowed. Let us tell you that the 25-year-old woman petitioner had told the court that her partner, with whom she was in a consensual relationship, had refused to marry her.

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