Having ruled that denying an unmarried woman the right to safe abortion violates her personal autonomy, the Supreme Court will now interpret the Medical Termination of Pregnancy (MTP) Act and the related rules to see if unmarried women could be allowed to abort a 24-week pregnancy on medical advice.
A bench of Justices DY Chandrachud and JB Pardiwala on Friday asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre, to assist the court in the exercise.
"When there are exceptions provided under the law, then why unmarried women can't be included to terminate 24-weeks pregnancy, if the medical advice so permits. The parliamentary intent appears to be clear as it has replaced "husband" with "partner". It shows that they have considered unmarried women also in the bracket of those allowed to terminate 24-weeks pregnancy," Justice Chandrachud said.
The bench said it needs to craft its verdict in a way that unmarried women are also allowed to terminate their 24-week pregnancy like divorcees, widows or those in judicial separation.
Mr Bhati contended there is a reason for not allowing unmarried women to terminate pregnancy after 24 weeks as it could take a toll on their health.
"The experts have their views over this. We need to place those views before the court. The termination of pregnancy at 24 weeks carries immense risk and could even cost the life of the women," she said.