A woman had filed a petition in the Supreme Court to the effect that she should also get the right to abortion. Actually this woman is unmarried and she was in a relationship with a man. Meanwhile, she conceives but the man refuses to marry. Now since this woman had made a mutual consent relationship with the man, in such a situation, even if the man refused to adopt this child, the responsibility of raising this child would have come on him alone. In such a situation, the woman goes to the doctor for medical abortion.
The doctor tells them that under the Medically Abortion Act, there is no technical provision for aborting an abortion for a single woman. In such a situation, she goes to the Delhi High Court. Here the Hon’ble Judge explores the technical aspects of this Act. In the end, they also give the same decision that this act does not allow abortion for single women.
The woman moves to the Supreme Court after failing from the Delhi High Court. Here, the Hon’ble Justice, without going into the technical aspects of the Medically Abortion Act, considers its purpose and finds that abortion rights should be the same for unmarried and married women. If these rights are given according to marital status, then it will be contrary to the basic spirit of the right to equality under Article 14.
In fact, in this same case, where the Delhi High Court acted in accordance with the procedure established by law, the same Supreme Court followed due process of law.
Procedure established by law means that courts should decide according to parliamentary laws, executive decisions, whereas due legal process means that courts should ensure complete justice with an impartial spirit, considering the ethical aspects of laws.
However, the counsel for the government side also urged the court in this case to consider the 1994 prohibition of feticide before allowing abortion to a single woman. Actually these laws were specially brought to stop female feticide. In such a situation, if we make the right to abortion more easy, then it may lead to more feticide. Ensuring perfect balance in preventive acts. If we talk about the new rules of 2021 regarding medical abortion, then it allows rape victim women, mentally challenged women and minors to abort a pregnancy up to a period of 20-24 weeks. However, this requires the recommendation of two different doctors. After these new directions of the Supreme Court, now single women and marital rape victims will also get the right to abortion.