The Supreme Court has given a big decision on abortion on Thursday. The court said that all women are entitled to safe and legal abortion. Discrimination between married and unmarried women is unconstitutional. Pregnant women who have had marital rape will also be able to have an abortion.
Unmarried women also have the right to abort at 20-24 weeks of pregnancy. The court said that the 2021 amendment to the Medical Termination of Pregnancy Act does not discriminate between married and unmarried women.
The right to abortion cannot be taken away based on marital status.
The court held that it is unconstitutional to exclude women who have become pregnant other than in a live-in relationship from the medical termination of pregnancy rules. The court also said that under the Medical Termination of Pregnancy Act, rape should mean rape including marital rape.
The court further observed that the distinction between married and unmarried women perpetuates a stereotype that only married women indulge in intimate activities. The right to abortion cannot be taken away from a woman based on her marital status. Single and unmarried women have the right to abortion under the Medical Termination of Pregnancy Act up to 24 weeks of pregnancy.
The verdict was reserved on 23 August.
The court said- Section 3(2)(b) of the Medical Termination of Pregnancy Act allows a woman to have an abortion after 20-24 weeks. Therefore, allowing only married women and not giving to unmarried women would be violative of Article 14 of the Constitution. Justice D.Y. Chandrachud, Justice A.S. Bopanna, and Justice JB Pardiwala had reserved the verdict in the matter on August 23.
Decision on International Safe Abortion Day
After the verdict was pronounced, a lawyer told the bench that today is International Safe Abortion Day. On this, Justice Chandrachud said- I did not know that we are delivering the verdict on International Safe Abortion Day. Thank you for giving us this information.
The Law Commission on Wednesday started the process of seeking a fresh consultation on the issue
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