New Delhi: The Supreme Court on Thursday allowed an unmarried woman to abort her 24 plus weeks pregnancy if the medical board of AIIMS, Delhi, approves that abortion won't risk her life. It directed the AIIMS Director to constitute a medical board and abort the pregnancy if it is safe and then furnish a report to the court.
The bench comprising of Justice DY Chandrachud and Justice Surya Kant passed the order on a woman's plea whose prayer to abort was rejected by the Delhi High Court earlier. The Supreme Court observed today that the High court took an "unduly restrictive view" of the Medical Termination of Pregnancy Rules.
"We are of the view that allowing the petitioner to suffer an unwanted pregnancy will go against the parliamentary intent and the benefits under the act can not be denied to her only on the basis of her being unmarried. The distinction between a married and an unmarried woman has no nexus to the object sought to be achieved by the Parliament," observed the court.
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"The use of words 'woman' or her 'partner' shows an intention to cover unmarried woman which is in consonance with Article 14 of the constitution," observed the court. The court also proceeded to issue notice to the central government and sought the assistance of ASG Aishwarya Bhati to assist in the matter regarding the legal interpretation.
