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Denying unmarried woman right to safe abortion violates her personal autonomy: SC

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The Supreme Court on Thursday said live-in relationships have been recognised by it and denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom.

Noting said statutes have recognised the reproductive choice of a woman and her bodily integrity and autonomy and both these rights embody the notion that a choice must inhere in a woman on whether or not to bear a child, it said while allowing the examination of a 24-week pregnant unmarried woman by an AIIMS medical board to determine whether the pregnancy can be safely terminated without endangering her life.

A bench, headed by Justice D.Y. Chandrachud and comprising Justices Surya Kant and A.S. Bopanna, said: “A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity.

“Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom. Live-in relationships have been recognised by this court.”

The bench said letting an unmarried woman suffer an unwanted pregnancy will be contrary to the object and spirit of the Medical Termination of Pregnancy (MTP) Act.

The bench said that the Parliament, by amending the MTP Act through Act 8 of 2021, intended to include unmarried women and single women within the ambit of the Act. This is evident from the replacement of the word ‘husband’ with ‘partner’ in explanation I of Section 3(2) of the Act, it added.

“Moreover, allowing the petitioner to terminate her pregnancy, on a proper interpretation of the statute, prima facie, falls within the ambit of the statute and the petitioner should not be denied the benefit on the ground that she is an unmarried woman,” it said.

The bench said the distinction between a married and unmarried woman does not bear a nexus to the basic purpose and object which is sought to be achieved by Parliament which is conveyed specifically by the provisions of Explanation 1 to Section 3 of the Act.

As the petitioner had moved the Delhi High Court before she had completed 24 weeks of pregnancy, the bench said the delay in the judicial process cannot work to her prejudice.

The top court asked the AIIMS, Delhi, Director to constitute a medical board in terms of the provisions of Section 3(2D) of the Act.

“In the event that the medical board concludes that the foetus can be aborted without danger to the life of the petitioner, a team of doctors at the AIIMS shall carry out the abortion in terms of the request which has been made before the High Court,” it said.

Citing the MTP amendment 2021, the bench said the parliamentary intent is clearly not to confine the beneficial provisions of the MTP Act only to a situation involving a matrimonial relationship. “On the contrary, a reference to the expression ‘any woman or her partner’ would indicate that a broad meaning and intent has been intended to be ascribed by Parliament. The statute has recognized the reproductive choice of a woman and her bodily integrity and autonomy,” it added.

The bench observed that both these rights embody the notion that a choice must inhere in a woman on whether or not to bear a child. “In recognising the right, the legislature has not intended to make a distinction between a married and unmarried woman, in her ability to make a decision on whether or not to bear the child,” it said.

The bench said prima facie, quite apart from the issue of constitutionality which has been addressed before the high court, it appears that it has taken an unduly restrictive view of the provisions of clause (c) of Rule 3B. “Clause (c) speaks of a change of marital status during an ongoing pregnancy and is followed in parenthesis by the words ‘widowhood and divorce’. The expression ‘change of marital status’ should be given a purposive rather than a restrictive interpretation. The expressions ‘widowhood and divorce’ need not be construed to be exhaustive of the category which precedes it,” it said.

On July 16, the Delhi High Court, while refusing to entertain a plea seeking termination of a 23-week pregnancy, observed that the petitioner, a 25-year-old unmarried Manipuri woman, whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003. The woman stated in her plea that she cannot give birth to the child as she is an unmarried woman and her partner has refused to marry her.

It further stated that giving birth out of wedlock will entail in her ostracisation and cause her mental agony. As she is solely a B.A. graduate who is non-working, she will not be able to raise and handle the child, the woman submitted in her petition, stating that she is not mentally prepared to be a mother and continuing with the pregnancy will lead to grave physical and mental injury for her.

The woman moved the top court, which entertained her plea, challenging this high court order.

Crime

UP Shocker: Mother Of 5 Children Dies After Beaten Up By 24-Year-Old Lover Over Breakup In Noida

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A mother of five children died after her 24-year-old allegedly beaten her up following a heated argument over breakup on Monday in Noida. According to reports, the victim has been identified as Neeraj. The police registered a case of culpable homicide not amounting to murder and arrested the accused boyfriend.

According to police, woman’s husband Satish, originally a resident of village Hathni Gud in Badaun district, works in a private company. He lives on rent in a house located in Mamura village with his wife Neeraj and five children. Neeraj had an extramarital affair with Arjun, a resident of village Sahpur in Shahjahanpur district who lived in the neighbourhood, for the past three years.

Arjun worked as a housekeeper in a private company located in Sector-59. Husband Satish was unaware of their affair. Neeraj went to meet Arjun in his room in the neighbourhood on Monday evening around 6 PM. Here, a fight broke out between the two about breakup. After the argument, Arjun physically assaulted Neeraj. During this, Neeraj became unconscious and fell to the ground.

Panicked Arjun rushed her to a nearby hospital, from where the woman was referred to Kailash Hospital. Seeing no improvement in her condition, the woman was referred to the district hospital, where doctors declared her dead.

After being alerted, police arrived and sent the body for the post-mortem. They also took boyfriend Arjun into custody. Family members allege that Arjun murdered Neeraj by strangulation.

According to police, the woman had married Satish about 13 years ago. The couple has five children. To educate the children, Satish brought Neeraj from his ancestral village to Noida about five years ago. While living in lane number eight, Neeraj became friends with Arjun, who lived in the neighbourhood. Gradually, the friendship between the two turned into a love affair. Arjun is 24 years old and unmarried.

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Odisha Self-Immolation Case: Congress Workers Stage Protest Over Balasore Student’s Death Outside AIIMS Bhubaneswar

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Bhubaneswar (Odisha): Tensions flared outside AIIMS Bhubaneswar on Tuesday morning as Congress workers staged a protest following the death of a 20-year-old student from Balasore who had attempted self-immolation.

The protesting Congress workers were detained by police.

AIIMS Bhubaneswar Confirms The Death Of The Student

Earlier on Monday, the All India Institute of Medical Sciences (AIIMS) Bhubaneswar confirmed the death of the 20-year-old student from Fakir Mohan Autonomous College in Odisha’s Balasore, who had attempted self-immolation.

The Department of Burn Centre, AIIMS Bhubaneswar, said in a statement that the patient was brought to the casualty on July 12 and was referred from Balasore District Headquarters Hospital to AIIMS Bhubaneswar.

“She was admitted to the Burns Centre ICU. The patient was resuscitated with IV fluids, IV antibiotics, intubated and put on mechanical ventilation. Despite adequate resuscitation and all possible supportive management, including renal replacement therapy at the Burns ICU, she could not be revived and was declared clinically dead at 11:46 PM on July 14,” the statement said.

The 20-year-old student set herself on fire after allegedly facing prolonged sexual harassment by her college’s Head of Department. Despite lodging a formal complaint and seeking help from the principal, her pleas were ignored, leading to the tragic incident. The incident occurred at Fakir Mohan (Autonomous) College.

Odisha CM Mohan Charan Majhi Expresses Grief

Odisha Chief Minister Mohan Charan Majhi expressed grief and assured the family of the deceased that all those guilty in this case will face the strictest punishment as per the law.

In a post on X, CM Majhi said, “I am deeply saddened to hear the news of the demise of the female student from Fakir Mohan Autonomous College. Despite the government’s fulfilment of all responsibilities and the tireless efforts of the expert medical team, the victim’s life could not be saved. I pray for the eternal peace of her departed soul and beseech Lord Jagannath to grant strength to her family to bear this irreparable loss.”

“I assure the family of the deceased student that all those guilty in this case will face the strictest punishment as per the law. For this, I have personally issued instructions to the authorities. The government stands firmly with the family,” the Odisha CM emphasised.

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UP Rains Fury: 13 Dead, Villages Cut Off Amid Lightning Strikes, Floods In Bundelkhand & Purvanchal

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Torrential rains wreaked havoc across Bundelkhand and eastern UP on Saturday, claiming 13 lives and displacing hundreds. With no immediate relief in sight, multiple districts reported house collapses, electrocutions, and flood related isolation.

According to the meteorological department, Chitrakoot saw the highest rainfall at 216 mm, followed by Kanpur (126 mm) and Banda (115 mm). Rain continued through the night in many parts of Purvanchal, flooding homes and cutting off access in rural areas.

In Banda’s Badokhar area, lightning struck a mud house, killing one child and injuring two others. Another lightning strike in Kamaisin village killed a farmer. Across the state, five deaths were reported due to lightning, including in Azamgarh, Jaunpur, Chandauli, and Bhadohi.

In Chitrakoot, a wall collapsed as flash floods claimed three lives. In Mahoba, swelling rivers and overflowing drains cut off 20 villages, forcing residents to travel an extra 30 km for basic access. Schools and homes flooded, leaving children stranded. In Unnao, a youth died while planting paddy in a field during a lightning strike. Hamirpur recorded one fatality and multiple injuries from a similar incident, with fields turning into death traps amid the downpour.

Rescue efforts continued late into the evening, including the dramatic 10-hour rescue of a farmer stranded on an island in Banda after the Ranj river’s sudden rise. With more rain forecast through the week, residents brace for further disruptions and losses.

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