Unmarried Women Entitled To Abortion Upto 24 Weeks, Ensure No One Has To Approach Court: Bombay High Court Orders Wide Circulation Of SC Order

The Bombay High Court recently ordered the Maharashtra Government to give wide publicity to the landmark judgment of the Supreme Court in X vs Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi to ensure that no woman, particularly an unmarried woman, is forced to continue with an 'unwanted' pregnancy.Notably, in the judgment quoted above, delivered by the Supreme Court on September 29, 2022, the apex court had held unmarried women are also entitled to seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship. It was ruled that exclusion of unmarried women who conceive out of live-in relationship from the Medical Termination of Pregnancy (MTP) Rules is unconstitutional.A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande, were dealing with a plea filed by an unmarried woman, who had petitioned the High Court in 2022 seeking to abort her 22 weeks pregnancy. She had then also challenged the constitutional validity of Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act.However, the bench noted that already the three-judges bench of the Supreme Court delivered a verdict on the very issue and settled the law on it. The bench noted that in the plea before it, the counsel insisted that the SC decision be given wide circulation as there should not be a situation where a woman similarly situated as the petitioner, is required to knock the doors of the Court, but to be told that she is entitled to have pregnancy terminated despite the fact that she is not specifically included in Rule 3-B of the Medical Termination of Pregnancy Rules, 2003. "We would only point out that by virtue of Article 144 of the Constitution of India that, every authority including civil and judicial, in the territory of India is duty bound to act in aid of the Supreme Court, and, therefore, needless to state that all those are involved in implementation of the provisions of the Medical Termination of Pregnancy Act, 1971 and the Rules are duty bound by the said authoritative pronouncement. However, we request the Public Health Department of the State of Maharashtra to have wide circulation of the said decision of the Apex Court to all those functionaries who are involved in implementation of the Medical Termination of Pregnancy Act, 1971 and the Rules. In the wake of the aforesaid, since the issue has been put to rest and the provision in form of Rule 3–B has received a purposive interpretation by the Apex Court, the Writ Petition stands disposed of," the bench ordered. According to the petitioner, who eventually got her foetus aborted, she premised her case on her right to live with dignity and free from cruel, inhuman or degrading treatment, as per her was violated because of the exclusion, the Act itself would make the petitioner suffer physical pain, where she run the risk of pregnancy by compromising her mental health due to severe trauma of giving birth to an infant, unwanted to the society.The bench, however, while noting that the issue is put to rest by the apex court, only reminded the authorities concerned to ensure that the ruling of the top court is scrupulously implemented. Appearance:Advocate Kranti LC appeared for the Petitioner.Assistant Government Pleader Monali Thakur represented the State. Advocate Punima Awasthi represented the Union of India. Case Title: ABC vs State of Maharashtra (Writ Petition 9782 of 2022)Citation: 2026 LiveLaw (Bom) 58Click Here To Read/Download Judgment

Unmarried Women Entitled To Abortion Upto 24 Weeks, Ensure No One Has To Approach Court: Bombay High Court Orders Wide Circulation Of SC Order

Narsi Benwal

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