In a significant order, the Supreme Court on Thursday expanded the scope of the Medical Termination of Pregnancy Act to include “unmarried woman” and allowed a woman to abort her 24-weeks pregnancy arising out of a consensual relationship.
The apex court asked the board to determine whether the pregnancy, if terminated, could risk the life of the woman or not. “We request the AIIMS director to constitute a medical board in terms of provisions of section 3(2)(d) MTP Act by tomorrow (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.
The Delhi High Court, before which the petitioner had first approached, had denied her interim relief, triggering backlash.
Passing an ad-interim order to grant relief to the 25-year-old woman, the Supreme Court prima facie observed that her case was covered under the Medical Termination of Pregnancy Act 1971, Live Law reported.
“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom,” observed the Supreme Court bench of Justices D Y Chandrachud, Surya Kant and A S Bopanna.
“Petitioner should not be denied the benefit merely on the ground that she is an unmarried woman,” the bench said.
“A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity.”, the Court further stated.
the ad interim order was passed the petitioner to terminate her pregnancy, subject to a medical board constituted by AIIMS Delhi concluding that the foetus can be aborted without harm to the life of the petitioner.
