New Interpretation Of Abortion Law To Include Unmarried Women

The Supreme Court said it would interpret the abortion law to include “unmarried woman” and “single woman” under provisions that allow medical termination of pregnancies up to 24 weeks. The court said an unmarried woman who was abandoned by her partner should be given the same rights to end their pregnancy as women who were divorced or widowed.

The Supreme Court was hearing a 25-year-old woman’s petition who was challenging the lower 20-week limit for unmarried women under the Medical Termination of Pregnancy (MTP) Act, 1971. The woman had been abandoned by her partner.

Additional Solicitor General Aishwarya Bhati asked the court to intervene in the MTP Rules rather than the act. She said it would be more effective as the distinction between married and unmarried women is made in the Rules and not the Act.

Rights Of Pregnant Unmarried Women

The Bench comprising of Justices DY Chandrachud, AS Bopanna, and JB Pardiwala indicated that the Rules could be interpreted in a manner that includes married and unmarried women who have been abandoned.

In the MTP Rules, women eligible for termination of pregnancy up to 24 weeks are categorised. It includes women who were going through a change of marital status during the ongoing pregnancy (widowhood and divorce).

Justice Chandrachud said that if the rule were strictly interpreted then it would also exclude married women who were abandoned by their partners. He said the rule should be interpreted to include unmarried women who had been abandoned by their partners. Justice Chandrachud said, “A woman who has been abandoned; the state can apply to both married and unmarried women.”

Additional Solicitor General Aishwarya Bhati agreed to the proposed interpretation. Bhati submitted that in the Indian context, unmarried women in live-in relationships are more vulnerable because they might not have their family or partner’s family to rely on.

Since the Rule intended to extend the limit for aborting pregnancy up to 24 weeks for women who lost the support of their partner. Chandrachud opined that the same extension should be provided to all abandoned women regardless of their marital status.

Suggested Reading: India's Abortion Act Could Soon Give More Agency To Unmarried Pregnant Women