Bombay HC Gives Allowance To A Unmarried Woman To Terminate Her 21-Week Pregnancy

Bombay High Court

The Bombay High Court has granted a 23-year-old unmarried woman permission to terminate her pregnancy beyond the 20-week limit, asserting that restricting this right to married women would represent a narrow and discriminatory interpretation of the law.

This ruling emphasizes that such an interpretation would violate Article 14 of the Constitution, which guarantees equality before the law.

The decision arose after the woman, who was 21 weeks pregnant, sought to end her pregnancy due to financial and personal challenges.

The bench on October 7 comprising Justices Sarang Kotwal and Neela Gokhale criticized the Maharashtra government’s opposition to her plea, which claimed she didn’t qualify under the specific categories eligible for medical termination of pregnancy beyond 20 weeks.

Under Rule 3-B of the Medical Termination of Pregnancy (MTP) Rules, only certain groups of women, including sexual assault survivors, minors, widows, divorcees, women with disabilities, and those facing fetal abnormalities, are allowed to terminate a pregnancy up to 24 weeks. The woman’s petition indicated that her pregnancy resulted from a consensual relationship and that she lacked the financial means to support a child.

In September 2024, at 21 weeks pregnant, she was advised by state-run JJ Hospital to seek the court’s approval for termination due to exceeding the 20-week threshold. The state argued that she did not meet the legal criteria outlined in the MTP Rules for pregnancy termination up to 24 weeks.

However, the bench firmly rejected this restrictive view, asserting that it would reinforce societal stereotypes and infringe on the constitutional rights of unmarried women.

The court emphasized that interpreting the law to benefit only married women would perpetuate outdated notions and discrimination.

The bench stated, “A narrow interpretation of the law, limited only to married women, would render the provision discriminatory towards unmarried women and hence violative of Article 14 of the Constitution of India.”

Consequently, the court allowed the woman to undergo the necessary medical procedure to terminate her pregnancy. Additionally, the bench urged the Union government to reconsider and revise the forms, formats, and procedures related to the MTP Act.

The court referenced a Supreme Court ruling, highlighting that the rights of unmarried women should also be recognized under the provisions of the MTP Act.