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Synopsis

The Supreme Court on Friday said that it'll consider the issue as to why and how an unmarried girl who suffers unwanted pregnancy has been excluded from Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (Women eligible for termination of pregnancy up to twenty-four weeks). The matter will be next heard on August 10.

A bench of Justice DY Chandrachud and Justice JB Pardiwala said, "Legislature is obviously concerned with pregnancy which is not within marriage. If an unmarried major girl is in danger as much as a married woman, why exclude the unmarried woman?"

The observations were made in a plea filed by an unmarried woman, over 24 weeks pregnant, seeking direction to abort her pregnancy.

Earlier, the Supreme Court had allowed termination of the pregnancy subject to the medical opinion while keeping the aspect of including unmarried women within the ambit of Rule 3B of the Medical Termination of Pregnancy Rules 2003 (as amended on 21.10.2021) for termination of pregnancy, open.

On the question of law involved, Additional Solicitor General Aishwarya Bhati on Friday submitted, "This is not about married or unmarried. A 24-week pregnancy is difficult to abort because of the woman’s health".

Justice Chandrachud while referring to a case wherein the abortion was allowed post 20 weeks said, "After 20 weeks, there may be a danger to the mother as well. In this case, abortion was done upon considering the risk factor."

However, the Court asked  ASG Bhati and her team to assist the Court in the matter. Court also asked the Central Government to clarify its stand on the issue.

The woman, a permanent resident of Manipur had submitted before the court that she was in a consensual relationship, and in June 2022, she came to know about the fact that she was pregnant. Thereafter, she underwent an ultrasound scan on July 5, 2022, which revealed a pregnancy of 22 weeks, which is when she decided to terminate the same.

It may be noted that the Delhi High Court had dismissed the woman's petition, thereafter, she moved the Top Court challenging the Delhi High Court order denying abortion.

Before the Delhi High Court, the woman had moved a writ petition seeking direction to terminate the ongoing pregnancy on July 15, 2022, however, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad refused to allow her plea.

"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 had noted in its order.

However, the High Court had issued notice on the aspect of including unmarried women within the ambit of Rule 3B of the Medical Termination of Pregnancy Rules 2003 (as amended on 21.10.2021) for termination of pregnancy.

Case Title: X vs.THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. OF NCT OF DELHI AND ANR.