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Synopsis

The Supreme Court today passed an ad interim order allowing an unmarried, over 24 weeks pregnant woman to abort her pregnancy.

"We request the director of AIIMS to constitute a board as per Section 3 (2) (d) of the Medical Termination of Pregnancy Act preferably within tomorrow.  In the event that it concludes that foetus can be aborted without any danger to life, AIIMS shall carry out abortion in terms of request before High Court.  The report shall be furnished after compliance within one week", ordered a bench of Justices DY Chandrachud, Surya Kant and AS Bopanna.

The court has also stated orally that there is no reason why the Law should deprive unmarried women the right to terminate the pregnancy. (The law currently allows termination of pregnancy till 20 weeks of gestation period and upto 24 weeks if the woman meets the stipulated eligibility criteria)

The petitioner, a permanent resident of Manipur told the Court that she was in a consensual relationship and in June 2022, she came to know about the fact that she was pregnant.

Court was further told that on July 5, 2022 she underwent an ultrasound scan which revealed pregnancy of 22 weeks, which is when she decided to terminate the same. 

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

"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.

However, the High Court 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.

After hearing the submissions on behalf of the 24-year-old woman today, the Supreme Court opined that the High Court had taken a restrictive view of the Medical Termination of Pregnancy Rules while declining interim relief.

"The Parliamentary intent is not to confine beneficial provisions only to matrimonial relationship. On the contrary, reference to the expression woman or partner has a broad meaning and intent while recognising bodily rights. These rights are in consonance with provision of Art 21", the top court opined.

Thus while allowing interim relief to the young woman, the top court ordered,

"We are inclined to entertain the SLP and to take a considered view of the law. We have requested Ms. Bhati to assist the court on interpretative aspect. In the meantime, we are of the view that allowing her to suffer an unwanted pregnancy will be contrary to intent and spirit of the law. She should not be denied the benefit merely because she is unmarried."

It was also noted that the Medical Termination of Pregnancy 2021 Amendment Act uses the word "partner" instead of "husband" in the explanation to Section 3, which showed the legislature's intent to cover unmarried women.

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