The court is of the opinion that excluding an unmarried woman who has been in a consensual relationship cannot be considered constitutional.
Although abortion has been legal in India since 1971, but due to the abortion of millions of female fetuses across the country, authorities made stringent rules against the process. In 2021, the Indian government amended the Medical Termination of Pregnancy Act, which allowed several groups of women for abortion, but did not clearly mention anything about single women.
As per the act, women for genuine reasons such as rape, minors, mental disabilities, etc. could go for abortion within 24 weeks of pregnancy. The court ruled that the act does not specifically differentiate between single and married women, hence it also applies to unmarried women in consensual relationship.
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