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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.

National News

28 Tourists From Kerala, Maharashtra Feared Missing After Uttarakhand Cloudburst And Landslides

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Kochi: A 28-member group of tourists, who are natives of Kerala, has gone missing after a cloudburst triggered massive mudslides in Uttarakhand, family members said on Wednesday.

Of the 28 individuals, 20 are reportedly from Kerala settled in Maharashtra, while the remaining eight are from various districts in Kerala, a relative of one of the couples in the group told the media.

She said the couple’s son last spoke to them a day ago.

“They said they were leaving from Uttarkashi to Gangotri at around 8.30 am that day. The landslides occurred along that route. We have been unable to contact them since they left,” she said.

She added that the Haridwar-based travel agency, which arranged the 10-day Uttarakhand tour, was also unable to provide any update on the group’s whereabouts.

“Their phones may have run out of battery by now. There is no mobile network in that region currently,” she said.

At least four people have been confirmed dead in the disaster that struck Dharali, an ecologically fragile region in Uttarakhand, following the cloudburst on Tuesday afternoon.

Officials said nearly half of Dharali was buried under a massive mudslide of slush, debris, and water. The village is a key stop on the route to Gangotri, the origin of the Ganga, and hosts several hotels and homestays.

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Crime

Bihar: BSc Student Shot Dead By Father-In-Law In Front Of His Wife In Darbhanga Over Intercaste Marriage, Accused Beaten Up By Hostel Students

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Darbhanga: A shocking incident surfaced from Bihar’s Darbhanga, where a man allegedly shot dead his son-in-law in front of his daughter. The deceased has been identified as Rahul Kumar, a 25-year-old second-year student of BSc (Nursing) at Darbhanga Medical College and Hospital.

The accused, Premshankar Jha, opened fire at Kumar in front of his newlywedded wife, Tannu Priya. Jha was upset due to Priya’s intercaste marriage with Kumar. The victim was rushed to a hospital. However, he could not survive.

Priya is a first-year nursing student. She got married to Kumar four months ago. They reportedly stayed on different floors in the same hostel building. The woman notices that a person wearing a hoodie approached her husband on Tuesday evening.

“He had a gun. It was my father, Premshankar Jha. He shot my husband in the chest, in front of my eyes. My husband fell into my lap,” she said as quoted by the media house. The woman alleged that her whole family was part of the conspiracy to kill her husband.

“We had also gone to court and said that my father and my brothers may harm me or my husband,” Priya added. Kumar’s friends also beat up Jha after he shot at the victim. He was also rushed to a hospital. The video of students beating up the accused also surfaced online.

After receiving the information, a senior official rushed to the spot. Jha was taken into custody. “A love affair was ongoing with the deceased, and a love marriage had taken place in April 2025. After the death incident, the people present there caught and beat Prem Shankar Jha, due to which Prem Shankar Jha is injured and has been sent to PMCH Patna for treatment,” the Darbhanga Police said.

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National News

Devastating Visuals: 2 Cloudbursts Reported In Uttarakhand; 4 Dead, 50 Missing

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Uttarkashi: Two cloudbursts were reported in Uttarkashi, Uttarakhand, on Tuesday, 5 August 2025. The cloudbursts caused severe flash floods along the Khir Ganga River, devastating villages including Dharali and Tharali.

At least four people were reported dead, and several others were missing, as villages were washed away after a major cloudburst struck the Dharali area near Harsil. Another cloudburst was reported in Sukhi Top, approximately 16 kilometers away. Resuce operations are underway.

Devastating visuals have surfaced from the scene. The video shows a strong water current flowing down the hills, leaving a trail of destruction behind.

The footage shows the flash floods destroying several houses within seconds. Whistles can be heard, blown to alert residents. The force of the water is so intense that the destruction of homes appears as though toy houses are being swept away. People can also be seen fleeing for their lives. At least 50 hotels are believed to be submerged or washed away.

The Jyotirmath-Malari motor road has been washed away due to the incessant rains and flooding. Authorities have requested travelers and locals to avoid unnecessary travel.

PM Modi Condoles Loss Of Lives

Prime Minister Narendra Modi condoled the death of those who lost thier lives in the cloudburst.

“I express my condolences to the people affected by this tragedy in Dharali, Uttarkashi. Along with this, I pray for the well-being of all the victims. I have spoken to Chief Minister Pushkar Dhami ji and obtained information about the situation. Under the supervision of the state government, relief and rescue teams are engaged in every possible effort. No stone is being left unturned in providing assistance to the people,” he said in a post on X.

The India Meteorological Department (IMD) forecast extremely heavy rainfall at isolated places over Uttarakhand on Tuesday.

Emergecy Numbers Issued

Uttarkashi District Emergency Operation Centre has issued the following emergency numbers: 01374222126, 01374222722, 9456556431

NDRF Teams

National Disaster Response Force (NDRF), State Disaster Response Force (SDRF) and Indo Tibetan Border Patrol (ITBP) teams have been deployed for rescue operations.

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