Supreme Court Says Unmarried, Single Women Should Get Same Rights As Widows, Divorcees To Terminate Pregnancy
Abortion rights of women have been a hot topic of discussion ever since the US Supreme Court overturned Roe v. Wade judgement which allowed women to get abortions. India too came under the radar after that. A while ago the Delhi High Court came under fire after it denied permission to an unmarried woman to terminate her 23-week pregnancy. The Delhi HC did so citing that the Medical Termination Of Pregnancy Act does not include unmarried women in the provision related to abortions being permitted up to 24 weeks. Soon after, the woman approached the Supreme Court that pointed out that a woman cannot be denied her right to terminate an unwanted pregnancy just because she’s unmarried. In the further hearing of the same case, the Supreme Court reiterated that a woman whose live-in relationship has ended should ideally have the same rights as widowed and divorced women to terminate an unwanted pregnancy under the provisions that permit abortions up to 24 weeks.
The Supreme Court bench comprising Justices Dhananjaya Y Chandrachud, AS Bopanna and JB Pardiwala was hearing a petition filed by a 25-year-old woman challenging the lower 20-week limit provision of the MTP Act that applies to single women who wish to end a pregnancy claiming that she had been abandoned by her partner. Indicating that the law should be interpreted to include unmarried and single women in the provision permitting abortions till 24 weeks, the Apex Court noted that if a widow has lost the support of her life partner or a divorced woman, the law permits abortion and by that logic, it should also apply to a woman who has been abandoned.
The Supreme Court questioned that logic and said that in a situation where a woman has been deserted by her husband or is cast away and has no source of livelihood, would the law not allow her to undergo an abortion as she is not divorced? Extending the same logic to unmarried women, the Apex Court noted that for the sake of a woman’s mental health both, the actual as well as foreseeable factors have to be considered in such cases. The Court observed that in a situation where a woman is deserted be it married or unmarried, she is bound to face difficulties.
In this case, the woman hailing from Manipur was in a consensual relationship with a man and in June this year she found out that she was pregnant but her partner had ended the relationship. This is what made her approach the Delhi High Court for permission to terminate a 24-week pregnancy. After she was denied permission by the High Court due to her marital status but the Supreme Court permitted the woman to terminate her pregnancy at Delhi’s All India Institute Of Medical Sciences. The court had held that the MTP Act aims to recognize a woman’s bodily autonomy and reproductive rights and forcing her to carry an unwanted pregnancy would violate the intent of the law.
Also Read: “Woman Can’t Be Denied Abortion Of Unwanted Pregnancy Because She’s Unmarried”, Says Supreme Court
Well, we’re honestly glad that the Supreme Court has officially included unmarried and single women in this provision. A woman cannot be given her bodily autonomy and reproductive rights based on her marital status.
Supreme Court Asks Why Should Unmarried Women Not Be Allowed Abortion Right Like Other Categories
