 |
|
The Bombay High Court has made a landmark decision by granting permission to a 23-year-old unmarried woman to terminate her pregnancy beyond the 20-week threshold. This decision signifies a crucial step toward ensuring equal access to reproductive healthcare for all women, regardless of their marital status. The court's reasoning centered around the discriminatory nature of interpreting existing regulations in a way that would restrict access for unmarried women, thereby violating their fundamental rights enshrined in Article 14 of the Indian Constitution.
The case involved a woman who was 21 weeks pregnant and sought to end her pregnancy due to financial and personal reasons. The Maharashtra government initially opposed her plea, citing the Medical Termination of Pregnancy (MTP) Rules that only allow specific categories of women, such as victims of sexual assault, minors, widows, divorcees, or those with physical or mental disabilities, to terminate their pregnancies up to 24 weeks. The court, however, recognized the inherent bias in this interpretation and emphasized that limiting access to unmarried women perpetuates societal stereotypes and undermines their constitutional rights.
The court's ruling highlights the importance of a nuanced approach to reproductive rights. While acknowledging the need for regulations to ensure ethical and safe practices, the court stressed that such regulations should not be interpreted in a manner that discriminates against any individual based on their marital status. This decision holds significant implications for the future of reproductive rights in India, urging the government to reconsider existing policies and ensure that all women have equal access to comprehensive reproductive healthcare services.
The court also directed the Union government to review the forms, formats, and procedures related to the MTP Act, citing a Supreme Court verdict that recognized the applicability of the act to unmarried women as well. This proactive step demonstrates the court's commitment to ensuring that the legal framework for reproductive healthcare remains fair and equitable. Ultimately, the Bombay High Court's ruling represents a significant step towards fostering a society that values women's autonomy and reproductive rights, regardless of their marital status.
Source: Unmarried Woman Allowed To Terminate 21-Week Pregnancy By Bombay High Court