Additional Solicitor General Aishwarya Bhati, who appeared for the Union Health Ministry, said the question is not about being married or unmarried but about the woman’s well-being, as 24 weeks is not easy.
“An unmarried woman who suffers a pregnancy beyond 20 weeks can suffer the same mental anguish as the married woman. Why should she be excluded from termination up to 24 weeks if a married woman is allowed to do it,”
Referring to the MTP Act, the court pointed to the intent of the legislature while it amended the law in 2021 and said the amended Act used the word ‘partner’, and not ‘husband’. “So it concerns [relationships] outside marriage as well,” it said.
Rule 3B of the law recognises certain categories of women — such as divorcees, widows, minors, disabled and mentally ill women, and survivors of sexual assault or rape — as being entitled to medically terminate pregnancy in particular situations, but this does not include unmarried women.
The court asked the Additional Solicitor General to give suggestions on how to deal with it and posted the case for hearing next week.
