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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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Ugly Fight Breaks Out Between 2 Groups Of Women As They Hit Each Other With Sticks Over Playing Music In UP’s Baghpat

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A dispute over a seemingly trivial matter escalated into a chaotic clash between two groups of women in Uttar Pradesh’s Doghat on Thursday. 

As per reports, the altercation began over playing music but tensions in the area quickly intensified when two groups of women started thrashing each other with sticks and other objects. 

A video of the incident, which has gone viral on social media, shows around eight to ten women involved in a fierce brawl on a busy street. Bystanders can be seen watching in shock, with some attempting to intervene but retreating due to the intensity of the fight.

Several women were injured in the confrontation, and the footage has sparked outrage on social media. 

Reports suggest that local residents eventually managed to de-escalate the situation, but not before multiple women sustained injuries. 

Doghat police have initiated an investigation based on the video. As per reports, they are currently examining the video footage, and appropriate action will be taken following the investigation.

UP: Two burnt alive in truck collision in Fatehpur

Meanwhile, in a separate incident, a truck driver and his helper were burnt alive when two trucks collided and caught fire in the Hussainganj area of Uttar Pradesh’s Fatehpur district, police said on Thursday.

The incident occurred around midnight on Wednesday on the Fatehpur-Lucknow road, Additional SP Vijay Shankar Mishra said.

Vinay Shukla (35), the driver of one of the trucks, and his helper, Ramraj Yadav (23), were burnt alive in the blaze. The occupants of the other truck managed to jump out before the fire spread, Mishra added.

Both victims were residents of Kherwa village in the Shivratanganj police station area of Amethi district. Their bodies have been sent for postmortem, Mishra said.

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National News

J&K Assembly: Scuffle Breaks Out After Engineer Rashid’s Brother Shows Article 370 Banner In House

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J&K Assembly: Scuffle Breaks Out After Engineer Rashid's Brother Shows Article 370 Banner In House

Srinagar: The proceedings of the Jammu and Kashmir Assembly were disrupted after a scuffle broke out in the House between National Conference and BJP MLAs.

According to reports, the House proceedings were briefly adjourned after Engineer Rashid’s brother, MLA Khurshid Ahmad Sheikh, displayed a banner about Article 370, which led to objections from BJP MLA Sunil Sharma.

Irfan Hafeez Lone displayed a banner on the restoration of Article 370 in the J&K Assembly. After a scuffle between Lone and BJP members, the House proceedings were adjourned for 15 minutes. BJP raised concerns over security, questioning how such actions were allowed.

Leader of the Opposition, Sunil Sharma, stated that under special status, some had built their own “palaces” and even cemeteries. This provoked anger from National Conference (NC) leaders. BJP members began chanting slogans in the House, while NC leaders also responded with their own slogans. The visuals of the incident have surfaced on the internet.

In the viral video, the lawmakers can be seen pushing each other on the floor of the house.

After the House resumed following the scuffle, several opposition MLAs causing disruption were physically removed by marshals and evicted from the Assembly.

Meanwhile, PDP moves a fresh resolution in the Jammu and Kashmir Assembly seeking the restoration of Articles 370 and 35A. The BJP opposed the resolution demanding its withdrawal.

Amid uproar, the Jammu and Kashmir assembly has been adjourned till Friday. The UT assembly on Wednesday passed a resolution seeking a dialogue for “restoration of special status and constitutional guarantees” to the Jammu and Kashmir. The resolution was supported by all parties except the BJP.

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J&K: One Terrorist Killed During Encounter In Bandipora’s Kaitsan, Operation Underway

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Bandipora (Jammu and Kashmir): Security forces have eliminated one terrorist in the ongoing Operation Kaitsan in Bandipora, the Army officials said on Wednesday.

According to Army officials, further operation is in progress.

“OP Kaitsan, Bandipora. One terrorist has been eliminated by the security forces in the ongoing Operation. Operation is in progress,” Indian Army’s Chinar Corps said on X.

Earlier on Tuesday, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora after an encounter broke out between Security Forces and terrorists.

“Based on specific intelligence input regarding the presence of terrorists in the general area of Kaitsan forest, a joint operation was launched by the Indian Army, Jammu & Kashmir Police, and CRPF in the general area of Chuntawadi Kaitsan, Bandipora. Contact was established and a firefight ensued. Operation is in progress,” Chinar Corps, Indian Army said on X.

One Terrorist Associate Apprehended

In another development on Tuesday, Jammu and Kashmir police along with 22RR and 92 BN of the Central Reserve Police Force (CRPF) apprehended one terrorist associate identified as Ashiq Hussain Wani who is a resident of Tujar Shareef in J-K’s Sopore, said police.

On November 3, twelve people, including one woman, were injured in a grenade attack at the Tourist Reception Centre (TRC) and weekly market in Jammu and Kashmir’s Srinagar on Sunday, police said.

On November 2, two terrorists were killed by security forces during an encounter in Jammu and Kashmir’s Anantnag district. The encounter broke out after security forces initiated an anti-terrorist operation in the Halkan Gali area.

On October 29, the security forces neutralised three terrorists in a high-stakes encounter in Akhnoor, Jammu, and Kashmir, following an attack on an Army convoy.

On October 20, a doctor and six construction workers were killed when terrorists attacked a tunnel construction site on the Srinagar-Leh national highway in the Ganderbal district.

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