New Delhi, Aug 23 : The Supreme Court on Tuesday said it will determine the Medical Termination of Pregnancy (MTP) Act and the rules to end difference between married and non-married women in allowing abortions until 24 weeks of pregnancy.A bench comprised of Justice D.Y.Chandrachud, said that the court has reserved the decision concerning the MTP Act interpretation and it will contain “unmarried woman” or “single woman” which would permit abortions within 24 weeks.The court noted that the rules in the MTP rules must be re-evaluated as well in the seven categories of women who are able to seek abortion up to 24 weeks of pregnancy, it will include the section of women who suffer from desertion regardless of the status of their marriage.
Additional Solicitor General Aishwarya Bhati, representing the Centre said that there is no discrimination in the MTP (Amendment) Act, 2021 and categorisation has been stipulated in the rules applicable of the Act.She claimed that, according to experts, categorizing has been used to prevent the abuse of laws, including the Pre-Conception and Pre-Natal Diagnostic Techniques (PC-PNDT) Act due to sex determination of the foetus.
The bench stated that its verdict will be formed in the manner so that the provisions of PC-PNDT Act do not get diminished.
The Centre had informed the Apex Court that it was able to be a party in the Medical Termination of Pregnancy (MTP) Rules 2003.
The bench, comprised of justices A.S.Bopanna and J.B.Pardiwala said that the court could apply the rules of 3B(c) in such a way that the alteration of marital status is broad and include married women who have been abandoned as well as an unmarried woman who has was abandoned.
It was noted that women who have had a pregnancy that is not wanted because of a medical device malfunction is allowed to end the pregnancy within to 24 weeks.
In the last month the apex court declared that it would interpret the MTP Act and connected rules to determine whether unmarried women are allowed to terminate their pregnancy at any time for up to 24 weeks in advance on medical advice.
The 21st of July, the highest court had allowed a woman who was 25 to terminate her pregnancy after 24 weeks due to the result of an agreement to be consensual.
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