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Wednesday, August 17, 2022

Like married women, unmarried girls also have the right to abortion, Supreme Court’s important decision

New Delhi : In an important decision, the Supreme Court has allowed an unmarried woman to abort her 24-week pregnancy. The bench of Justice Chandrachud, while reversing the Delhi High Court decision, said that the job of the court is to use its intelligence and discretion. Court is not a computer to give mechanical decisions only. The Supreme Court said that like married women, virgin girls also have the right to abortion. In the petition filed in the Supreme Court, the issue of the woman being married and unmarried was raised. It was said in the petition that the law does not say anything in the case of an unmarried woman. The High Court in its judgment had said that the law gives time to unmarried women to have an abortion through a medical procedure.

Mention of partner in place of husband in amendment of act
A bench of Justice DY Chandrachud said that an abortion cannot be denied just because the woman is unmarried. Referring to the 2021 amendment to the Medical Termination of Pregnancy Act, the bench said that it refers to the partner instead of the husband. The court said that this very fact shows the intent of the law that it also covers unmarried women.

Delhi High Court had objected to abortion
Earlier, during the hearing of the case, the Delhi High Court had on Friday objected to allowing an unmarried woman to abort a pregnancy of 23 weeks. The court had said that this is tantamount to killing a fetus. The High Court also said that the law gives time to unmarried women to have an abortion through a medical procedure. The legislature has excluded consensual sex for any purpose from the category of cases where abortion is allowed between 20 weeks and 24 weeks.

Delhi High Court refused, then sought permission for abortion from Supreme Court, know what is the whole matter
The court had said – give birth to the child
A bench headed by Chief Justice Satish Chandra Sharma made the remarks while hearing the woman’s plea for permission to an abortion. The court had suggested that the petitioner may be kept in a safe place till she gives birth to the child. Later she can leave him for adoption. Chief Justice Sharma said that we will ensure that the girl is kept somewhere safe. After this, he could go from there by delivery.

World Nation News Desk
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