Can't Deny Unmarried Women Right to Abortion: SC Expands MTP Act, Allows to Abort 24-weeks Fetus
News 18In a significant order, the Supreme Court Thursday expanded the scope of the Medical Termination of Pregnancy Act to include unmarried women and allowed a 25-year-old woman to abort her 24-weeks pregnancy arising out of a consensual relationship. The top court said, “a woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution and she has a sacrosanct right to bodily integrity”. It said, “In the event that the Medical Board concludes that the fetus can be aborted without danger to the life of the petitioner, a team of doctors at the AIIMS shall carry out the abortion in terms of the request which has been made before the High Court…” The bench said that before doing so the wishes of the woman shall be ascertained again and her written consent obtained after due verification of identity and a report shall be furnished to this Court after compliance with this order within a period of one week thereafter. The bench took note that the High Court in its July 15 order has held that since the petitioner is an unmarried woman whose pregnancy arose out of a consensual relationship, her case is “clearly not covered” by any of the rules and provisions of the MTP Act. “Excluding unmarried women and single women from the ambit of the statute goes against the purpose of the legislation”, it said, adding that the comparison of the MTP, Act of 1971 and MTP, Act of 2021, shows that the phrase married woman’ was replaced by any woman’ and the word husband’ was replaced by partner’.