All women, married or not, entitled to safe abortion: Supreme Court

New Delhi, Sept 29: In a significant judgement, the Supreme Court on Thursday declared that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.

 

 

 

"The marital status of a woman can't be ground to deprive her right to abort an unwanted pregnancy. Single and unmarried women have the right to abort under the Medical Termination of Pregnancy Act and rules till 24 weeks of pregnancy," the court said.

 

 

A bench of Justices D Y Chandrachud, A S Bopanna and J B Pardiwala also declared that sexual assault by husbands can take form of rape so such victims must also be allowed abortion under the law and rules. "For purposes of abortion, rape will include marital rape," the top court said.

 

 

The top court said reproductive right is part of individual autonomy and dignity, so the distinction between married and unmarried woman for the purposes of the Act is artificial and cannot be sustained constitutionally as it perpetuates stereotype only married women indulges in sexual acts.

 

The court interpreted the MTP Act and Rules 3B to declare that even an unmarried woman can undergo abortion up to 24 weeks, which is presently allowed for married women.

 

 

Justice Chandrachud pronounced the judgement on behalf of the bench on a petition filed by a 25-year-old unmarried woman against the Delhi High Court's July 16 order declining her request to terminate her 24-week foetus out of consensual relationship.

 

After the judgment was pronounced, a lawyer informed the bench that today happens to be the international safe abortion day. "I had no idea that this would coincide with safe abortion day. Thank you for informing us", Justice Chandrachud remarked.