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Unmarried Woman Have the Right to Abortion

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PTI    22 July 2022

The Supreme Court has allowed a 25-year-old woman to abort a 24-week pregnancy resulting from a consensual relationship. The highest court has expanded the scope of the Medical Termination of Pregnancy Act and 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."  The court said that it has recognized live-in relationships and hence cannot deny a woman the right to a safe abortion. The Supreme Court has directed the director of AIIMS, Delhi to form a medical board in terms of the provisions of the Medical Termination of Pregnancy (MTP) Act. If the board decides that the fetus can be aborted without an imminent danger to the life the mother, a team of doctors at the AIIMS shall carry out the abortion based on the request made by the petitioner.

A bench of Justices DY Chandrachud, Mr. Surya Kant, and Mr. AS Bopanna stated that live-in relationships have been recognized by the apex court. They also added that denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom. Moreover, the court added that the distinction between a married and unmarried woman does not bear a nexus to the basic purpose and object that should be achieved by Parliament as conveyed by the provisions of Explanation 1 to Section 3 of the act. The apex court urged the Director of the AIIMS, Delhi to constitute a Medical Board in terms of the provisions of the Medical Termination of Pregnancy (MTP) Act, by Friday. 

The bench of justices stated that if 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 should carry out the abortion in terms of the request which has been made before the High Court. However, the bench also added that before doing so, the wishes of the woman should be ascertained, including written consent obtained from the petitioner after due verification of identity. Thereafter, a report should be submitted to the supreme court after compliance with the directives, within one week.

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