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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.

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It will be more impactful than anti-CAA movement, says AIMIM on AIMPLB’s Waqf Bill stir

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Patna, March 26: The protest launched by the All India Muslim Personal Law Board (AIMPLB) against the Waqf (Amendment) Bill in Bihar’s capital, Patna, on March 26 has sparked significant political discourse. Shamim Akhtar, the state Secretary of the All India Majlis-E-Ittehadul Muslimeen (AIMIM), declared that the protest against this Bill would become a bigger movement than the anti-CAA and NRC protests in Independent India.

Speaking to media, Shamim Akhtar emphasised the growing potential of the movement, asserting that it would eventually have a considerable impact on the government.

“So far, the government has not felt any major impact, but this protest will soon evolve into a mass movement. The CAA-NRC protests were a landmark moment for Muslims in Azaad Bharat, and it shook the government. But after that, the pandemic came, and the momentum slowed down. However, I believe this movement will be even more powerful than the anti-CAA/NRC protests in Independent India,” he remarked.

Akhtar further stated that the protest would galvanise a larger section of the population and bring the government’s policies into sharper scrutiny.

He also criticised Rahul Gandhi, Leader of the Opposition in Lok Sabha, for not participating in the protest.

“Rahul Gandhi is far away in Delhi, a thousand kilometres from Patna. When the protests were taking place at Jantar Mantar, he was absent. Even Sonia Gandhi, who is only three to four kilometres away from the protest site, did not attend,” Akhtar pointed out, questioning why the Congress was silent on such an important issue.

“The Muslims of the country, and SP chief Akhilesh Yadav, want to know why Congress is not showing any support. Why are they not opposing the Bill openly, and why aren’t they speaking up against it, considering it undermines both Muslims and the Constitution of India?” he added.

As the protest continues to gain traction, Akhtar further said that it would intensify over the coming weeks.

“I can’t predict the exact course of events, but I hope that after Ramzan and Eid, this movement will gain momentum. There is talk of a nationwide movement, with Gardani Bagh-style protests expected in every district of Bihar and across the country, similar to the indefinite sit-ins during the CAA-NRC protests,” Akhtar said.

Asked whether the protest could garner attention and support from Islamic countries, Akhtar emphasised the importance of focussing on the issue within India.

“I will speak about Islamic countries later. But as for the situation within our own home India, it is our responsibility to address the fire within before seeking help from outside,” he explained.

He further stated, “This country belongs to all its citizens, regardless of their religion, class, or community. There are people from various social organisations and political parties, including the Bhim Army, Jan Suraaj, RJD, and others, who are supporting us. This shows that the issue transcends just the Muslim community — it’s about protecting the Constitution and safeguarding the rights of all people.”

“The Modi government is trying to marginalise minorities. The Waqf Board issue is one that directly concerns Muslims. It is our right to manage our own Waqf properties and make decisions about them,” he said.

He used the analogy of a temple to illustrate his point, stating, “If I were to give the keys of a temple to someone from another community instead of a Hindu priest, how could I expect the temple’s interests to be protected? Similarly, the Waqf Board is a Muslim matter, and we have the right to decide on it.”

Akhtar also criticised the introduction of the triple talaq Bill, accusing the Modi government of interfering with Muslim personal law.

“When the triple talaq Bill was passed, Modi Ji didn’t tell us how to maintain our marriage, but he wanted to dictate how we should divorce. Our Shariat already provides a clear framework for marriage, divorce, and other personal matters. Now, with the Waqf Bill, the government is trying to interfere in our community’s affairs, and this attempt will fail,” Akhtar claimed.

He concluded by stressing that the Waqf Bill was a larger conspiracy to undermine the Constitution, which would be resisted by people across India.

Meanwhile, the RJD chief Lalu Prasad Yadav and Leader of Opposition in the Bihar Assembly, Tejashwi Yadav, joined the AIMPLB’s demonstration against the Waqf (Amendment) Bill.

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‘No way to run House’, Rahul Gandhi attacks LS Speaker

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New Delhi, March 26: Leader of Opposition (LoP) in the Lok Sabha Rahul Gandhi on Wednesday accused Speaker Om Birla of running the House in an “undemocratic manner” and denying him the opportunity to speak.

He claimed that his repeated requests to address key issues like unemployment and the Maha Kumbh Mela in the House were ignored.

“I requested him (the Speaker) to let me speak, but he just ran away. This is no way to run the House,” Rahul Gandhi told reporters outside the House.

Gandhi stated that despite sitting quietly, he was consistently prevented from speaking, which he described as a tactic to muzzle the Opposition.

The Speaker, Om Birla, defended the proceedings, emphasising the importance of maintaining decorum in the House. He referenced Rule 349, which outlines the expected conduct of members, and urged Gandhi to adhere to these standards.

Birla also invoked Rule 372, which allows the Prime Minister or any minister to make statements without taking questions during a session, when Prime Minister Narendra Modi spoke about the Maha Kumbh Mela.

Before he adjourned the House in the day, the Speaker said members are expected to maintain decorum on the floor. “Several instances have come to my notice in which the conduct of members is not up to the high standards of this House. This House has seen father-daughter, mother-daughter and husband-wife as members. In this context, I expect that the Leader of the Opposition behaves in the House in line with Rule 349,” the Speaker said.

Rule 349 lays down the rules of conduct for members to observe in the House.

A week earlier, the House witnessed an uproar during Prime Minister Narendra Modi’s address on Maha Kumbh. PM Modi highlighted the event’s cultural significance and its role in showcasing India’s capabilities, but Opposition members protested, raising concerns about the stampede deaths at the gathering. Amid the din, Speaker Om Birla invoked Rule 372. Speaking to the media later, Gandhi had said, “I wanted to support what the Prime Minister (Modi) said. Kumbh is our tradition, history and culture. Our only complaint is that the Prime Minister did not pay tribute to those who died in Kumbh.” Gandhi reiterated his dissatisfaction with the Speaker’s approach, stating that the Opposition was being systematically excluded from parliamentary discussions.

The incident underscores ongoing tensions between the ruling party and the Opposition, with Gandhi accusing the government of stifling democratic debate. The Speaker’s emphasis on decorum and rules, juxtaposed with Gandhi’s allegations of unfair treatment, highlights the challenges of maintaining balance and inclusivity in parliamentary proceedings.

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Barq denies inflammatory speech allegations; vows full cooperation with probe into Sambhal violence

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New Delhi, March 26: Samajwadi Party (SP) MP, Zia ur Rehman Barq, has strongly denied the allegations that he delivered an inflammatory speech which led to violence at Shahi Jama Masjid in Sambhal during a court-ordered survey of the mosque last year in November.

Speaking on the notice issued to him, Barq clarified his position, asserting that the charges against him were completely baseless.

“You all already know very well, but I will still clarify. The incident that took place in Sambhal included my name under the charge of delivering an inflammatory speech, which is completely wrong. It is under this allegation that I have been issued a notice,” Barq said.

“Regarding the notice that has been given to me, I have said this before as well, I am a citizen of this country, I am a Member of Parliament, I trust the law and order of the nation, I respect the Constitution, and I have full faith in the judiciary.

“I will cooperate fully in the investigation. I have been called on April 8, and I will appear then. I will cooperate fully with the probe and provide all the help that is required to the authorities,” he added.

Referring to the initial complaint where his name was allegedly mentioned incorrectly, Barq said, “When the case was first filed and my name was wrongfully included, we met with the Speaker of the House, under the leadership of Akhilesh Yadav, to address the injustice we faced.

“We asserted that we should get justice. Now that I have been issued a notice, we will consult, and if necessary, we will take further action. But I will fully cooperate with the investigation, as per the directions of the High Court.”

On March 25, the Uttar Pradesh Special Investigation Team served Barq a notice at his Delhi residence for his alleged involvement in the violence that broke out at Sambhal’s Shahi Jama Masjid during a court-ordered survey of the mosque on November 24, 2024.

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