There Can't Be Different Limits For Abortion, Based On A Woman's Marital Status, Says SC

In a development that could have far-reaching consequences for women, the Supreme Court of India has said that any discrimination between married and unmarried women in respect of medical termination of pregnancy law, violates a woman's personal autonomy.

The SC was hearing a petition filed by an unmarried woman seeking to abort her 24-week-old pregnancy after her relationship broke down.

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Compliant allowed to terminate pregnancy

The 25-year-old had approached the SC after the Delhi High Court denied her permission to undergo medical termination of pregnancy which had arisen out of a consensual sexual relationship, saying that it virtually amounts to killing the foetus.

While hearing her plea, the SC had earlier allowed the woman to terminate her 24-week pregnancy on July 21.

SC to interpret MTP Act

On Tuesday a Bench of Justices DY Chandrachud and JB Pardiwala said it will interpret the Medical Termination of Pregnancy (MTP) Act and the related rules to see if unmarried women could be allowed to abort up to 24-week pregnancy on medical advice.

"There has to be a forward-looking interpretation of the (MTP Act and Rules) law in view of the advancement made in the medical field," said the apex court.

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The bench noted that the provisions in the MTP rules need to be fine-tuned, and in the seven categories of women eligible to seek abortion till 24 weeks of pregnancy, it would add a category of women who suffer desertion, irrespective of marital status.

The bench which reserved its order said that its judgment will be shaped in such a way that the provisions of the PC-PNDT Act are not diluted.

The court said that Rule 3B(c) of the MTP Act can be interpreted in such a manner that the change of marital status should be a broad category which would include a married woman who has been abandoned and also an unmarried, who suffered abandonment.

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It noted that women who got unwanted pregnancy, due to medical device failure, should be allowed to terminate the pregnancy up to 24 weeks.

What the law says

The upper limit for the termination of pregnancy is 24 weeks for married women, special categories -- including survivors of rape and other vulnerable women such as the differently-abled and minors; the corresponding window for unmarried women in consensual relationships is 20 weeks.

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What is the case?

The complainant, in this case, was in a live-in relationship and was set to get married. But when she was 18 weeks pregnant, her partner "ditched" her.

She had argued that being an unmarried woman, the social stigma along with mental and financial constraints compelled her to approach the court to terminate the pregnancy at an advanced stage.

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