The Delhi High Court had said that under the Abortion Act, if a physical relationship is consensual, then it will not be allowed to end the pregnancy after 20 weeks. The Supreme Court overturned this decision of the High Court.
The Supreme Court has allowed an unmarried woman seeking to end her pregnancy to have an abortion. With this important order, the apex court overturned the decision of the Delhi High Court , in which the court had said that under the abortion law , if the sexual relationship is consensual, then it will not be allowed to terminate the pregnancy after 20 weeks. . The Delhi High Court categorically refused to allow a pregnant unmarried woman to have an abortion, saying so.
The Supreme Court has expanded the scope of the 'Medical Termination of Pregnancy Act' through its decision. Justice D.Y. Chandrachud, Justice Surya Kant and Justice A. s. Bopanna's bench has ordered the AIIMS director to constitute a medical board of two doctors to examine the unmarried woman by Friday, under the provisions of the MTP Act. The bench has asked the board to find out whether there is a threat to the life of the woman by terminating the pregnancy.
Permission to end the pregnancy was not obtained from the High Court
Bech said, “It is appealed to the AIIMS Director to constitute a Medical Board by Friday under the provisions of the MTP Act. If the medical board comes to the conclusion that there is no danger to the life of the woman due to abortion and a safe abortion can be done, then AIIMS will do the abortion as per the petition. Significantly, the unmarried woman was not allowed by the Delhi High Court to terminate her 23-week pregnancy. After which on Wednesday he had approached the Supreme Court and demanded an immediate hearing on his appeal.
High Court had sought response from the Center
The Delhi High Court, while refusing to allow abortion, said that it was tantamount to killing a child in the womb (foeticide). The High Court, in its order dated July 16, had categorically refused to allow this woman to terminate her 23-week pregnancy. The court had said that under the abortion law, the pregnancy is not allowed to terminate after 20 weeks if the relationship is made by mutual consent. However, the High Court had sought a response from the Central Government on the woman's appeal that not allowing unmarried women to terminate the pregnancy for 24 weeks is discriminatory. The petitioner, a 25-year-old woman, had told the court that her lover had refused to marry her, with whom she had consensual relations.
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