Court Affirms Supreme Court's Interpretation on Inclusion of Unmarried Women for Abortion up to 24 Weeks
In a landmark decision, the Bombay High Court has reaffirmed the reproductive rights of unmarried women, aligning with the Supreme Court's interpretation that unmarried and single women should be included within the ambit of Rule 3-B of the Medical Termination of Pregnancy (MTP) Rules, 2003. This decision ensures that unmarried women can seek medical termination of pregnancy between twenty and twenty-four weeks, a right previously reserved only for married women under the statutory framework.
The judgment arose from a writ petition filed by a 26-year-old unmarried woman, identified as ABC, who sought permission to terminate her 22-week pregnancy. The petitioner challenged the constitutionality of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, as amended in 2021, arguing that the exclusion of unmarried women from the provision was discriminatory and violated Articles 14 and 21 of the Indian Constitution.
The Court highlighted the Supreme Court's previous ruling in the case of X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi, which interpreted Rule 3-B to include unmarried women. The apex court emphasized that excluding unmarried women would be discriminatory and contrary to the constitutional guarantee of equality and reproductive autonomy.
The Bombay High Court, in its judgment, echoed the Supreme Court's interpretation, stating that the legislative intent behind the amendment was to remove barriers for women facing unique and difficult circumstances, thereby ensuring their right to reproductive autonomy, privacy, and dignity. The Court also directed the Public Health Department of the State of Maharashtra to disseminate the Supreme Court's decision widely to ensure that all functionaries involved in the implementation of the MTP Act and Rules are aware and compliant.
This judgment is a significant step toward gender equality and the protection of women's rights, emphasizing that reproductive choices are integral to personal liberty under Article 21 of the Constitution. Legal experts and women's rights activists have hailed the decision as a progressive move that aligns with contemporary societal values and the evolving understanding of women's rights.
Bottom Line:
Medical Termination of Pregnancy - Rule 3-B of the Medical Termination of Pregnancy Rules, 2003, interpreted purposively by Supreme Court to include unmarried and single women within its ambit for pregnancies between twenty and twenty-four weeks, ensuring equality under Article 14 and protecting reproductive autonomy under Article 21.
Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Section 3(2)(b), Rule 3-B of the Medical Termination of Pregnancy Rules, 2003, Articles 14 and 21 of the Constitution of India, Article 144 of the Constitution of India.
ABC v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc id # 2850844
