Abortion aberration

Hearing the plea of an unmarried woman seeking the termination of her pregnancy at 24 weeks after the Delhi High Court turned down her appeal, the Supreme Court, in a welcome move, is looking to interpret the abortion law in a manner that is not restrictive but progressive and does not discriminate between married and unmarried pregnant women facing the same issues. Both categories of mothers-to-be have an equal right to abortion till 20 weeks of pregnancy, but the disparity surfaces on the question of aborting the foetus between 20 and 24 weeks as the unmarried ones do not figure among the ‘seven extremely vulnerable categories’ of women who are allowed to terminate their pregnancy.

Thus, the Justice DY Chandrachud-led Bench mulling over ‘how do we bring them in’ is laudable as it aims to seek a way around this arbitrary and unfair clause in the Medical Termination of Pregnancy Act, 1971, and the related rules of 2003. The judiciary has some valid points to fall back on. Firstly, everything being the same, all expecting mothers are similarly vulnerable from the medical point of view. Secondly, the legislature mentions the word ‘partner’, not ‘husband’. Thirdly, the ‘mental anguish’ suffered by a married woman who finds herself facing an unplanned pregnancy due to the failure of the contraceptive device or in case of widowhood or divorce — among the seven conditions on the list — is equally applicable to an unwed woman finding herself without the support of her partner. The Delhi HC’s suggestion that the woman in question can take the pregnancy to term and give up the baby for adoption is loaded with patriarchal overtones.

The forward-looking view of the SC has larger and significant ramifications, for it is pregnant with inclusivity and broadening women’s agency, irrespective of their marital status. The apex court must be appreciated as it roots for a more broad-minded stand on women’s autonomy and reproductive rights — more so in the light of the ‘liberal and modern’ US recently banning abortion and now, as expected, facing widespread protests against the regressive ruling.

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