On Monday, October 7, the Bombay High Court pulled up the Maharashtra Government for opposing the 20-week medical termination of pregnancy of an "unmarried'" woman on the ground that she "does not fit" the criteria for undergoing an abortion. The division bench of Justices Sarang Kotwal and Dr Neela Gokhale questioned the "rationale" behind the State's argument that for the petitioner, who is a 23-year-old unmarried woman, to benefit from the Medical Termination of Pregnancy (MTP) Act, she must fit the criteria, i.e., she either must be a widow or a divorcee. "How can an unmarried woman become a widow or a divorcee? What kind of an argument is this?" the bench asked. The high court referred to a Supreme Court decision in X vs The Principal Secretary Health and Family Welfare Department while permitting the woman petitioner to undergo MTP as per law. HC on Rape: Married Woman Can’t Claim She Was Raped on Pretext of Marriage, Says Bombay High Court While Granting Bail to Man Arrested in Rape Case.

How Can an Unmarried Woman Become a Widow or a Divorcee?

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