Delhi HC Says Medical Termination of Pregnancy Legal Even for Unmarried Women: Autonomy Over Marital Status
- ByAdmin --
- 21 Apr 2025 --
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In a progressive ruling that affirms reproductive rights in India, the Delhi High Court has held that an unmarried woman has the same legal right as a married woman to terminate an unwanted pregnancy under the Medical Termination of Pregnancy (MTP) Act, 1971 (Amended in 2021).
The judgment clarifies a major ambiguity in Indian abortion law and strikes a blow against moral policing of unmarried women’s reproductive choices
The Case: Unmarried and Denied
The petitioner was a 23-year-old woman who became pregnant after a consensual relationship. She approached a private hospital at 22 weeks, but the doctors refused to proceed with the abortion, citing:
- Her unmarried status
- The lack of a “valid reason” under the MTP Act
She moved the Delhi HC under Article 226, arguing that:
- She was facing mental trauma and social risk
- The 2021 amendment to the MTP Act allows abortion up to 24 weeks for “special categories” of women
The Verdict: Reproductive Autonomy Is Personal Liberty
Justice Sanjeev Narula ruled in favor of the petitioner:
1. Marital Status Is Irrelevant
- The Court interpreted the 2021 Amendment to include unmarried women in the category of women eligible for termination up to 24 weeks.
2. Bodily Autonomy Is a Fundamental Right
- The judgment reaffirmed that reproductive choice is protected under Article 21, and forcing a woman to carry an unwanted pregnancy is a violation of her personal liberty.
3. Society Cannot Dictate Women’s Bodies
- The judgment also condemned the moral judgments imposed on unmarried women seeking abortions, calling it “a regressive and unconstitutional bias.”
Choice Is Not a Marital Privilege
This case is a victory for every woman who seeks control over her body without social approval. The ruling has extended the umbrella of reproductive rights and set a national precedent for privacy and choice.
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