On Thursday apex court while hearing an appeal against the order of the trial court says that the denial of the right to safe abortion to the woman is a violation of her personal autonomy over her body and it’s against her right to freedom.
The bench headed by justice DY chandrachud heard this appeal of a woman in which she want to abort her child after her partner left her. Failure of relationship made her abort this child.
The trial court had taken a restricted view that her plea for abortion is outside the scope of Medical Termination of Pregnancy as the pregnancy arose from consensual sex between the male and female and outside the said wedlock.
After criticizing the views of the trial court the apex court said that the living relationship concept is legal in India and recognized by the court in many judgments and the majority of citizens see no wrong in engaging in pre-marital relationships. The court is not to force here social morality and violates the personal autonomy of a person over his body.
2021 amendment in the Medical termination of pregnancy act replaced the word husband with the partner which itself implies that unmarried women are covered under this.
Under article 21 of the constitution, women have the inviolable rights over their body including reproductive choices, this is recognized by the court in various judgments passed by the court.
The court ordered for the medical test for the woman and posted the case for august 2nd.