A timely decision

|
  • 1

A timely decision

Saturday, 23 July 2022 | Pioneer

A timely decision

The Supreme Court decision to allow abortion to unmarried women is both progressive and timely

TThe Supreme Court decision allowing abortion at 24 weeks to an unmarried woman is both timely and apt. It will go a long way in giving autonomy to women over their bodies. This is even more progressive and in keeping with the times than the US court's position on abortion which is conservative and orthodox to the core.

Giving the landmark ruling the bench of Justices DY Chandrachud, Surya Kant, and AS Bopanna said. "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 cannot be denied to her only on the basis of her being unmarried."

The supreme court decision is in sync with the changing social mores of the society as many couples, especially in metros are in live-in relations which sometimes end abruptly leaving the woman to bear the brunt of the relationship if she is expecting. The decision would go a long way for such women

The matter came up for hearing after a northeast woman approached the Delhi High court to terminate her pregnancy after her live-in relationship did not work and left her 24 weeks pregnant. The Delhi high court in keeping with the present law denied her the right to abort the fetus as it is not permitted for unmarried women. She then approached the apex court for relief saying she would be stigmatized and would be under tremendous financial strain as well. The Supreme Court overturning the Delhi High court order said that she could not be denied the right to terminate the pregnancy. This indeed opens a new chapter in women's liberty as Supreme Court decisions are a law unto themselves. 

Most of our laws are archaic and predominantly male-centric giving little elbow to the fair sex. It is interesting to note that till the 1960s it was illegal to abort a fetus and a woman found guilty of it could be sentenced to three years in jail and a fine. The Medical Termination of Pregnancy (MTP) Act, 1971 came into force on 1 April 1972 changed but it was only for married women and up to 20 weeks beyond which two doctors had to give their consent. This was later modified in 2021 when only seven categories of women could terminate the pregnancy. These categories included minors, rape survivors, mentally ill women, physically challenged women, etc. but did not include unmarried women.

However for pregnancy to be terminated between 20-24 weeks the opinion of two doctors is required to ensure if the termination would be safe for the mother and child.

Sunday Edition

CAA PASSPORT TO FREEDOM

24 March 2024 | Kumar Chellappan | Agenda

CHENNAI EXPRESS IN GURUGRAM

24 March 2024 | Pawan Soni | Agenda

The Way of Bengal

24 March 2024 | Shobori Ganguli | Agenda

The Pizza Philosopher

24 March 2024 | Shobori Ganguli | Agenda

Astroturf | Lord Shiva calls for all-inclusiveness

24 March 2024 | Bharat Bhushan Padmadeo | Agenda

Interconnected narrative l Forest conservation l Agriculture l Food security

24 March 2024 | BKP Sinha/ Arvind K jha | Agenda