The Bombay High Court has allowed a 23-year-old unmarried woman to terminate her pregnancy beyond the 20-week limit, emphasizing that restricting this permission solely to married women would lead to a narrow interpretation of the law.

A division bench noted that such a limited perspective would be discriminatory against unmarried women, thereby violating Article 14 of the Constitution.

This ruling follows the woman's request to terminate her pregnancy at 21 weeks, citing financial and personal reasons for her decision.

On October 7, a bench of Justices Sarang Kotwal and Neela Gokhale criticized the Maharashtra government's opposition to the plea filed by the unmarried woman, arguing that she did not meet the specified criteria for undergoing medical termination of pregnancy beyond 20 weeks. 

According to Rule 3-B of the Medical Termination of Pregnancy Rules, only certain categories of women—such as sexual assault victims, minors, widows or divorcees, women with physical or mental disabilities, and those with fetal abnormalities—are permitted to terminate pregnancies up to 24 weeks.

The woman's petition revealed that her pregnancy resulted from a consensual relationship, and she expressed her inability to financially support a child. At 21 weeks pregnant, she was advised by state-run JJ Hospital to seek the court's approval for termination, as her pregnancy had surpassed the 20-week threshold.

Under the Medical Termination of Pregnancy Act, termination beyond 20 weeks requires judicial consent. The state contended that the woman did not qualify under the legal categories defined in the MTP Rules for a termination up to 24 weeks. However, the bench dismissed this "narrow interpretation," stating that it would reinforce societal stereotypes and infringe upon the constitutional rights of unmarried women.

The judges emphasized that interpreting the law in a way that restricts its benefits solely to married women would perpetuate societal norms and misconceptions.

"A narrow interpretation of the law, limited only to married women, would render the provision discriminatory towards unmarried women and hence violative of Article 14 of the Constitution of India," the bench said.

The court granted permission for the woman to undergo a medical procedure to terminate her pregnancy. Additionally, the bench directed the Union government to consider revising the forms, formats, and procedures related to the Medical Termination of Pregnancy Act. The court referenced a Supreme Court ruling that acknowledged that the provisions of the MTP Act also apply to the cases of unmarried women.