The Supreme Court on Thursday allowed a 25-year-old unmarried woman to abort her pregnancy of 24 weeks arising out of a live-in relationship, overturning Delhi High Court's denial with a ruling that "abortion can't be denied solely because a woman is unmarried."
In an ad-interim order, a Bench led by Justice D Y Chandrachud allowed her abortion, subject to a medical board of the AIIMS Delhi concluding that it won't jeopardise her life.
It directed the AIIMS Delhi Director to constitute a medical board within 24 hours and if the board concludes that the foetus can be aborted without any danger to the life of petitioner, the AIIMS shall carry out the abortion and the report shall be furnished to the court after completion of the procedure.
The court has issued notice to the Union Government and sought the assistance of Additional Solicitor General Aishwarya Bhati on the legislative interpretation.
The Bench, which also comprised Justices Surya Kant and A S Bopanna, observed that Delhi High Court took an "unduly restrictive" view of the provisions of the Medical Termination of Pregnancy rules in denying interim relief to the woman.
Noting that after the 2021 amendment, the Medical Termination of Pregnancy Act uses the word "partner" instead of "husband" in the explanation to Section 3, the court said that this shows the legislative intent to cover "unmarried woman" under the Act.
It said allowing the petitioner to suffer an unwanted pregnancy will be contrary to the object and spirit of the legislation and going against the Parliamentary intent. It held that the distinction between a married and an unmarried woman has no nexus to the object sought to be achieved by Parliament.
The bench observed that the Parliamentary intent is not to confine the benefits to situations arising out of matrimonial relationships. It noted that a widow or a divorcee woman is allowed to terminate pregnancy in the 20-24 weeks term.
The High Court had refused termination of the pregnancy since it would amount to virtual killing of the foetus and the abortion law does not permit it after 20 weeks of a pregnancy arising out of a consensual relationship. It suggested that the woman can give away the child in adoption. It also held that the pregnancy arising out of a consensual relationship is clearly not covered under the Medical Termination of Pregnancy Rules, 2003.
The woman had sought termination of pregnancy arising out of a consensual relationship since the man refused to marry and she was not in a position to raise the child. She told the Supreme Court that she is eldest among 5 siblings and her parents are agriculturists. She further submitted that in the absence of a source of livelihood, she will be unable to raise and nurture the child.
