New Delhi: The Supreme Court on Friday observed that the health risk in terminating 24 weeks of pregnancy is the same in unmarried women as it is in married women, noting that there should be forward-looking legislation on abortion.
The bench comprising of Justice DY Chandrachud and Justice DB Pardiwala was hearing a 25-year-old unmarried woman's plea seeking termination of her 24 weeks pregnancy. The court in the last hearing had asked the medical board of AIIMS to examine if it would be safe to abort the pregnancy and had directed to abort in case there was no health risk.
ASG Aishwarya Bhati told the bench that a very detailed discussion had taken place as to whether there should be a judicial separation of a woman. She argued that it was not about marriage status, adding that 24 weeks was a quite vulnerable stage. She further argued that such cases could not be decided individually and needed to be decided qua all.
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While noting that abortion could be done in the present situation due to lack of risk, the Apex court asked if it was possible to include unmarried women in abortion rules, where presently they are excluded. "Why should an unmarried woman be excluded from termination after 24 weeks when married women are allowed? The health risk is the same to both," observed J Chandrachud.
"Same vulnerability will be there for both. We must have forward-looking legislation, so much development has taken place," said J Chandrachud. "We are the authors, we must take the responsibility of jurisprudence evolution," he also said.
The top court sought the assistance of ASG Bhati on how to include an unmarried woman in the termination of pregnancy and asked her to give suggestions and present the UOI stand. The matter will be heard again on August 10.
