Top Court reserves judgment in plea challenging provisions of MTP Act that exclude unmarried women from abortion
"If an unmarried major girl is in danger as much as a married woman, why exclude the unmarried woman?", the Top Court had observed earlier while hearing the matter.
The Supreme Court on Tuesday reserved its judgment in a plea challenging the provisions of the Medical Termination of Pregnancy Act that exclude unmarried women from abortion beyond 20 weeks.
A bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala reserved its order after hearing the submission made by ASG Aishwarya Bhati who was assisting Court in the matter.
ASG Bhati took Court through the permissible number of weeks for abortion as per existing law. Bhati told the court that the risk to mother's well-being is higher in 20-24 weeks, so views of two medical practitioners is required at that stage.
Court was further told that the benefit applies to both married and unmarried woman till 24 weeks of pregnancy and the distinction is made only in one clause in the Amended Act.
ASG Bhati further submitted that the benefits are available to any woman or her partner.
"There is a very valid reason for keeping it this way. I'm trying to assist my lords. I would urge that intervention be made in the rules not the Act", Bhati added.
Court's attention was also drawn toward succession and maintenance legislation that do not distinguish between different marital status.
In the beginning of this month, the Supreme Court had 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.
A bench of Justice DY Chandrachud and Justice JB Pardiwala had then 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.
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.
"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.
Case Title: X vs. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVT. OF NCT OF DELHI AND ANR.