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Sunday, May 18, 2025
The counsel said the foetus is in the womb and till the child is delivered, it is the right of the mother.
The court also observed the child must be allowed to be born through either a caesarean section or normal delivery, a decision left to medical experts.
A bench headed by Chief Justice DY Chandrachud said the length of pregnancy has crossed 24 weeks, the upper limit for allowing Medical Termination of Pregnancy.
Justice V G Arun, in an order issued on December 12, allowed the petition of a 17-year-old mentally challenged girl, to terminate her pregnancy that reached 26 weeks.
Since the US Supreme Court decision in June, roughly half the states have some type of abortion restrictions in place, with at least 11 states essentially banning the procedure.
The apex court said that excluding a single, unmarried woman in a live-in relationship from the Medical Termination of Pregnancy Rules is unconstitutional.
Justice V G Arun made the ruling while allowing a woman living separately from her abusive husband to terminate her 21-week pregnancy.
The verdict comes at a time the Delhi HC had refused to terminate an abortion request from a 25-year-old unmarried woman.
The court suggested that the petitioner be kept somewhere safe until she delivers the child who can subsequently be given up for adoption.
The Biden administration and other defenders of abortion rights have warned that a decision overturning Roe also would threaten other high court decisions in favor of gay rights and even potentially, contraception.
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