Connect with us
Monday,23-December-2024
Breaking News

National News

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

Published

on

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.

Entertainment

‘Yeh Kaisa Insaan Hai’: Telangana CM Revanth Reddy Slams ‘Pushpa 2’ Star Allu Arjun For Stampede During Screening 

Published

on

Hyderabad: Despite police permission being denied, top Telugu actor Allu Arjun attended the theatre where ‘Pushpa-2’ was screened on December 4, Telangana Chief Minister A Revanth Reddy charged on Saturday.

Even after the death of a woman in a stampede, the actor did not leave the cinema hall, prompting the police to force him out, CM alleged.

Responding to the issue after AIMIM MLA Akbaruddin Owaisi raised it in the Assembly, Reddy, referring to videos in circulation, found fault with Allu Arjun for holding a roadshow and waving to the crowds in spite of the heavy crowd.

Reddy further said the theatre management gave a letter to the police on December 2 seeking security for the visit of top actors and others on December 4. However, the police rejected the application, citing difficulties in crowd management.

Before entering the theatre and exiting, the actor stood through the sunroof of his car and waved to the crowds leading to thousands of fans jostling to get a glimpse of him, he said.

He slammed film personalities for making a beeline for Allu Arjun’s residence to meet him after his arrest but not showing empathy to visit the boy who is undergoing treatment in hospital after suffering injuries in the incident.

“I appeal to the top film personalities that they should not be inhuman,” he said.

He also said there won’t be any special privileges when untoward incidents like death in a stampede happen and said the government would not spare those who troubled common people.

A 35-year-old woman died and her eight-year-old son was hospitalised on December 4 during a stampede-like situation at the Sandhya Theatre in Hyderabad when thousands of fans jostled to have a glimpse of the actor at the premiere of the blockbuster ‘Pushpa 2,’.

Following the incident, the city police registered a case against Allu Arjun, his security team, and the theatre management under different sections of Bharatiya Nyaya Sanhita (BNS) at the Chikkadpally police station based on the complaint lodged by the deceased woman’s family.

Allu Arjun was arrested by the city police in connection with the death of the woman on December 13. The Telangana High Court granted him a four-week interim bail on the same day and he was released from the prison here on December 14 morning.

Continue Reading

National News

Conscience itself will deliver justice: Shivakumar on obscene remark row

Published

on

Bengaluru, Dec 21: Karnataka Deputy Chief Minister D. K. Shivakumar said on Saturday that conscience itself will deliver justice in the derogatory remark case against BJP MLC C. T. Ravi.

The Deputy Chief Minister’s remark came close on the heels of the release of Ravi, who was arrested over alleged derogatory remark against Minister Laxmi Hebbalkar.

On Ravi’s allegations that police harassed him throughout the night, Shivakumar told reporters: “In this matter, you and the police are involved. Whether it’s at his house or his party, I am the cause of everything.”

“Let the BJP accept that disrespecting women and using abusive language is their culture. We will not object,” said Shivakumar.

“C.T. Ravi has not only spoken disrespectfully about Minister Lakshmi Hebbalkar but also about CM Siddaramaiah. In the Assembly, he used the term ‘Nitya Sumangali’ (a Kannada term used to demean a woman). BJP leaders must introspect whether Ravi’s remark was right or wrong,” he claimed.

“Chikkamagaluru (native place of Ravi) is known for its cultured people. Unfortunately, someone like him hails from there,” he added.

“If any leader from our party had spoken like this, I would have condemned it. However, BJP leaders are standing in defence of their leader,” he claimed.

State Home Minister G. Parameshwara said, “The matter is before the court. I won’t issue any statements as the matter is sub-judice. It is not appropriate to discuss the issue.”

“The police claim that they have initiated steps lawfully. The matter is before the court and they will decide what is right and what is wrong. I have been told that while obtaining information on various circumstances, the judgment has come without asking the version of police. Now, we can’t comment or criticise the decision,” Parameshwara stated.

When asked about the Legislative Council Chairperson Basavaraj Horatti stating that there are no records of Ravi making derogatory remark, Minister Parameshwara said that he does not know anything.

Continue Reading

National News

BRS MLAs will resign if Congress proves 24-hour power claim: KTR

Published

on

Hyderabad, Dec 21: Bharat Rashtra Samithi (BRS) Working President K. T. Rama Rao on Saturday told the Telangana State Assembly that all BRS MLAs will resign if the Congress government proves that it is supplying 24-hour electricity to farmers or that it has waived loans of all farmers.

He alleged that the Congress government is making false claims that it is giving round-the-clock uninterrupted power.

Throwing the challenge during the debate on Rythu Bharosa, the BRS leader told Minister for Roads and Buildings Komatireddy Venkat Reddy that he was ready to come with him to Nalgonda district. “If you can show us even in one log book that 24-hour power is being supplied, all we MLAs will resign,” he said.

Similarly, KTR, as Rama Rao is popularly called, also offered to accompany the minister to any village in Kodangal or Sircilla constituency to check on farm loan waivers. “If you can show that loans of 100 per cent farmers were waived even one village, I will resign as MLA and take retirement from politics,” he said.

The BRS leader slammed the Congress government for not properly implementing the Rythu Bandhu scheme launched by the previous BRS government.

KTR said Congress promised enhanced investment support to farmers under Rythu Bharosa but failed to provide the assistance even under the existing scheme.

He claimed that the BRS started Rythu Bandhu to increase the area under cultivation. Citing the statement made by the government, he said the area under cultivation in the state increased from 1.41 crore acres in 2019-20 to 2.04 crore acres in 2020-21.

KTR mentioned that when the BRS came to power in 2014, Telangana had the second-highest number of farmer suicides in the country. He claimed that due to the measures taken by the BRS during the last 10 years, the farmer suicides came down from 11.1 per cent to 1.5 per cent.

The BRS leader alleged that the government was planning to impose cuts under the Rythu Bharosa scheme.

He demanded that the Assembly session be extended by 10 days for a comprehensive debate on electricity, irrigation, and Mission Bhagiratha.

The debate saw a sharp exchange of words and challenges and counter-challenges between BRS and Congress MLAs.

Minister Venkat Reddy threw a challenge at the BRS, saying if it could prove that every household was supplied drinking water under Mission Bhagiratha during its rule, he would not seek votes in the next elections.

He alleged that there was Rs 50,000 crore corruption under Mission Bhagiratha. To this, BRS MLA and former minister Harish Rao mentioned that the total cost of the scheme was only Rs 28,000 crore.

Earlier, Minister for Agriculture Tummala Nageswara Rao said the government has not yet formulated the guidelines. He said the guidelines will be framed after taking suggestions from the legislators.

Continue Reading
Advertisement
Advertisement

Trending