The historic decision of the Supreme Court: Now, even unmarried women can get an Abortion

Supreme Court has made a big decision regarding the Abortion of unmarried women. The country's highest court, i.e., the Supreme Court, has now given the right to unmarried women they, too, can get an abortion. Earlier, only married women had the right to Abortion.

Case: X Vs. Principal Secretary, Department of Health and Family Welfare, Government of NCT of Delhi 2022

A 25-year-old woman from Delhi lived in a relationship with her boyfriend. Both made a sexual relationship with mutual consent. After which that woman became pregnant. When it came to marriage, her boyfriend refused. The woman did not want to give birth to that child either.

The woman told why she wanted an abortion:

The petitioner approached the Supreme Court after the Delhi High Court did not get the verdict in her favor, where she told the court that she was the eldest of 5 siblings. His parents are farmers. The family does not even have the means to make a living. In such a situation, she cannot raise and nurture the child.

Delhi High Court verdict:

• The Delhi High Court had said that the petitioner is an unmarried woman. She got pregnant because of a consensual relationship with her partner. And such a relationship is not covered under this Act. The pregnancy is 23 weeks, and she is not covered under the Medical Pregnancy of Termination Act.
• Against this decision, the Supreme Court heard and said that the High Court had taken the wrong approach in staying the provisions of MTP. The difference between a married and unmarried woman has nothing to do with the exemptions provided in the law.

Supreme Court's decision:

• The court said in the verdict that the times have changed, married as well as unmarried women now have the right to their bodies and have the right to choose. A woman's pregnancy doesn't need to happen due to any negative reason if both have a mutually agreed relationship, but even after this, Abortion may be required. Still, a lot of simple girls have a fear, and they can't go to the doctor. Sometimes doctors also fear that if they abort such girls, then action will be taken against them. But now, after this decision, this fear will end.
• Court has expanded Rule 3-B of the Rules of the Medical Termination of Pregnancy Act. The term marital status has been used in this rule. For this reason, only married women have the right to have an abortion in this Act.
• Now, after this decision of the Supreme Court, girls will be able to go to the doctor without any fear. Earlier, if an unmarried woman went to the doctor to have an abortion, she was refused, but now after this decision, girls will be able to go to the doctor quickly. Earlier, this work was illegal. And the girls used to take medicine without consulting the doctor, which was harmful to them.
• A 3-judges bench of the Supreme Court comprising Justice DY Chandrachud, Justice Suryakant, and Justice A. s. Bopna, in its judgment, said that the Delhi High Court took the view that the provision of the MTP Act was unnecessarily restrictive and refused to allow Abortion for the woman. The Supreme Court said that under the amendment made in this Act in 2021, the word woman and her partner had been used in the Act. In such a situation, an unmarried woman also comes under this Act and can get safe Abortion. Along with this, the court also said that a woman could not be excluded from the purview of the Act just because she is unmarried. The purpose of this Act is not limited to unwanted pregnancy from marital relationships only. It is not proper to discriminate between married and unmarried women.
• The Explanation of the Rules states that if an unwanted pregnancy has happened due to the failure of the remedy used by the woman or her partner, then it will be considered an unwanted pregnancy. The word partner is used here, which shows that the law also covers unmarried women, given Article 14 of the Constitution. If there is a distinction between married and unmarried under this Act, it will violate their rights.
• The Supreme Court has issued a direction in this case that the Director of AIIMS should constitute a Medical Board that will conduct a medical examination of the woman on July 22 and see that there is no threat to her life due to the Abortion of the woman. If the medical board concludes that there is no risk of termination of pregnancy at 24 weeks, then the pregnancy of the woman should be terminated. The Supreme Court has issued a notice to the Central Government so that the law can be explained in detail.
• Along with this, the Supreme Court said that depriving unmarried women of the right to Abortion is a violation of their liberty.

The Medical Termination of Pregnancy Act 2021 was amended to:

• The Supreme Court said during the hearing that after the amendment in 2021, the word partner is being used instead of husband in the clarification of section 3 in the Medical Termination of Pregnancy Act.
• The court, while issuing the order, also said that it is not our intention to limit the circumstances arising out of marital relations, but to provide legal protection to any unmarried woman in such cases, so by referring to the law, she should be prevented from getting an abortion. Stopping is not correct.

Medical Termination of Pregnancy Act related to Abortion in India:

• Consent abortion is an offense under the Indian Penal Code, 1860 (IPC). However, under Section 3(2)(a) of the Medical Termination of Pregnancy Act, the woman has been empowered to terminate an unwanted pregnancy. But there are some rules for this too. The rule is that Abortion is allowed only if the pregnancy is more than 20 weeks but not more than 24 weeks.
• The Act came in 1971, in which there was a provision that pregnant women are allowed to have abortions up to 20 weeks. After which, changes were made under this Act in 2021, and this time limit was reduced to 24 weeks in some exceptional circumstances. First, a medical board will be formed, and the same committee will decide whether Abortion is to be done or not.

In case the pregnancy is more than 24 weeks, Abortion was not allowed under any condition before 2021, but under the new law, it can be done with the consent of the medical board. But in this also some states will be seen:

• Pregnancy is from 0 to 20 weeks: If any pregnant woman wants to have an abortion, she can do so with the advice of a registered doctor. Whether the woman is married or unmarried.
• Pregnancy is from 20 to 24 weeks: If there is a threat to the life of the pregnant woman or severe injury to her physical or mental health, or there is a fear of severe physical or mental disability of the child to be born, then the woman should Abortion can be done on the advice of doctors. In this category, the following conditions will be necessary:

1. If there is an unwanted pregnancy. The measures the woman or her partner has tried to avoid pregnancy fail.
2. If the woman alleges that the pregnancy is due to rape. Such a pregnancy will not be mentally good for that woman.
3. Where there is a deformity in the fetus, and it is detected after 24 weeks, Abortion can be done after the advice of the medical board.

• After 24 weeks of pregnancy: If the fetus is highly deformed, Abortion can be done even after 24 weeks on the advice of the medical board. Abortion can be done at any time, even if it is necessary to save the pregnant woman's life.

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