Unmarried Woman Can Terminate Pregnancy At 24 Weeks: SC

The Supreme Court on Thursday passed an ad-interim order stating that a woman can abort her 24-weeks pregnancy arising out of a consensual relationship. A bench headed by Justices D Y Chandrachud observed that the Delhi High Court took an unduly restrictive view of the provisions of the Medical Termination of Pregnancy Rules while declining the woman's interim relief.

A 25-year-old unmarried woman filed a petition seeking termination of her pregnancy of 24 weeks which had arisen out of a consensual relationship against the Delhi High Court's order of refusing to grant her the said relief.

The petitioner said the court that she wanted to terminate her pregnancy as her partner refused to marry her. She further stated that giving birth before marriage would cause her psychological agony as well as social stigma and she was not mentally prepared to be a mother.

The high court, while dealing with the plea, had said the court cannot go beyond the statute while exercising its power under Article 226 of the Constitution.

"The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003," the high court noted in its order dated July 15.

"As of today, Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (which excludes unmarried women) stands, and this court, while exercising its power under Article 226 of the Constitution of India, 1950, cannot go beyond the statute," it had said.

Before passing the order, the high court had suggested that the petitioner can be kept in a safe place until she delivers the child who can subsequently be given up for adoption.

"We will ensure that the girl is kept somewhere safe and she can deliver and go. There is a big queue for adoption," the court had said.

"We request the AIIMS director to constitute a medical board in terms of provisions of section 3(2)(d) MTP Act by Friday. In the event the medical board concludes that the foetus can be aborted without any danger to the life of the petitioner (woman), the AIIMS shall carry out the abortion in terms of the petition...", the bench said.

"Petitioner should not be denied the benefit merely on the ground that she is an unmarried woman", the Court observed in its order.

"We are of the view that allowing the petitioner to suffer an unwanted pregnancy will go against the parliamentary intent . The benefits under the Act cannot be denied to her only on the basis of her being unmarried. The distinction between a married and an unmarried woman has no nexus to the object sought to be achieved by the Parliament", the bench stated.