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Source– The post is based on the article “A court for our times” published in The Indian Express on 15th October 2022.
Syllabus: GS1- Social empowerment. GS2- Vulnerable sections and fundamental rights
Relevance– Women and related issues
News- The article explains the recent Supreme Court ruling to include unmarried women in category of women who can seek abortion after 20 weeks under MTP Act,1971.
What are the legal provisions related to termination of pregnancy?
Section 3(2) (B) of the MTP– Pregnancy can be terminated within 20 weeks.
If pregnancy is between 20 and 24 weeks, then two registered medical practitioners must be appointed. They must form an opinion that the continuation of the pregnancy would involve a risk to the life of the pregnant woman and will be dangerous for physical and mental health.
Rule 3B of MTP– It establishes categories of women who can terminate pregnancy between 20 and 24 weeks.It includes survivors of sexual assault, those undergoing a change in status of relationshiphose, physically or mentally challenged and women with foetal abnormalities. It does not include unmarried women.
What are important aspects of Supreme Court ruling?
The petitioner approached the Supreme Court. Her plea was rejected by Delhi HC on the basis that rule 3B does not include unmarried women.
SC overruled the Delhi HC decision.
Supreme Court observed that unmarried women faces social stigma for engagingf in pre-marital sexual relations. It prevents them from enjoying reproductive rights.
We should avoid literal interpretation and look at the intention of the legislature. Changing social norms should be taken care of while interpreting the law.
SC also noted the transformative nature of the constitution. It observed that legislation should not avoid the changing context of relationship and family. In the Navtej Singh Johar case, modern forms of familial relationships like single parents, live-in relationships were recognised.
It observed that Article 14 of the constitution provides equal citizenship to single and unmarried women. Legislation has always intended for equal status for single and unmarried women. It has done this through consistent reforms of law related to adoption, succession.
