Women's reproductive rights have long been a contentious issue, encompassing decisions about whether, when, and how many children to have. The right to abortion, especially for unmarried women, has been a significant aspect of this debate. The Medical Termination of Pregnancy Act, 1971, aimed to grant women autonomy over their bodies, but initially did not explicitly extend this right to unmarried women.
The petitioner, an unmarried 25-year-old woman, filed a writ petition in the Delhi High Court seeking permission to terminate her 22-week pregnancy. Despite being in a consensual relationship, she faced financial constraints and social stigma, prompting her plea for termination under the Medical Termination of Pregnancy Act.
The Supreme Court criticized the Delhi High Court's narrow interpretation, emphasizing that all women, irrespective of marital status, have the right to safe and legal abortion up to 24 weeks of pregnancy. The Court underscored the constitutional principles of equality and personal liberty, rejecting distinctions that discriminate against unmarried women.
The Supreme Court, led by a three-judge bench, ruled in favor of the petitioner, permitting her to undergo abortion under the supervision of a medical board. The Court's decision reflects a progressive stance towards reproductive rights, aligning with broader constitutional guarantees of dignity and autonomy.
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