The Supreme Court today gave the right to abortion to all the women of the country, whether they are married or unmarried. In this landmark judgment, the apex court said that under the Medical Termination of Pregnancy (MTP) Act, everyone has the right to abortion at 24 weeks. In this right it does not matter whether the woman is married or unmarried.
The Supreme Court held that the marital status of a woman cannot be made a ground to deprive her of the right to terminate an unwanted pregnancy. Single and unmarried women also have the right to abortion under the said law at 24 weeks of pregnancy.
SC says, “marital status of a woman can’t be ground to deprive her right to abort unwanted pregnancy. single&unmarried women have right to abort under Medical Termination of Pregnancy Act &rules till 24 weeks of pregnancy”.
The Supreme Court has said in an important decision regarding abortion that the wife can get an abortion within the prescribed limit of 24 weeks even in the case of ‘marital rape’ by the husband. This should be covered under the Medical Termination of Pregnancy Act. This right will be a relief to those women who are compelled to continue with the unwanted pregnancy.
A three-judge bench headed by Justice DY Chandrachud also said that marital rape should also be considered. The apex court in its judgment gave this arrangement while interpreting the MTP Act. The bench said that the distinction between married and unmarried women is artificial and cannot be constitutionally maintained in view of the purposes of the said law. It is perpetuating the stereotype that only married women indulge in sexual relations.
In the amendment of 2021, the word ‘partner’ was used instead of husband
The court also noted that the amendment to the Medical Termination of Pregnancy Act in 2021 used the word partner instead of husband to include an unmarried woman as well. The court has held that the parliamentary intent was not to limit the benefits of conditions arising out of marital relations. In fact it is permissible for a widow or divorced woman to terminate a pregnancy of 20-24 weeks.
This historic decision was delivered by a bench headed by Justice DY Chandrachud. The Court said that it is unfair to include single women within the purview of Rule 3B of the said Act. This is a violation of the fundamental right to equality of all under Article 14 of the Constitution. Prohibiting unmarried and single women from abortion and allowing only married women violates the fundamental rights of citizens enshrined in the Constitution.
The Supreme Court gave this big decision in the direction of women’s rights on the petition of a 25-year-old unmarried girl. She had sought permission from the court to abort the 24-week pregnancy. The Delhi High Court did not allow it. This girl got pregnant due to consensual sex. She had urged the apex court to allow abortion, saying she was the eldest of five siblings. Her parents are farmers. She does not have the means to sustain her livelihood, so she will be unable to take care of the unborn child. The Delhi High Court, in its July 16 order, had refused permission to the woman to terminate the 24-week-old fetus because it was the result of a consensual relationship.
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