In a landmark ruling on Thursday, the Supreme Court ruled that all women, regardless of whether they are married or unmarried, have the right to request an abortion of their pregnancy between 20 and 14 weeks, even if the pregnancy results from a consensual relationship. The Supreme Court, in its interpretation of the Medical Termination of Pregnancy Act, said that an unmarried woman can have an abortion up to 24 weeks at the same level as a married woman because the distinction between a married woman and an unmarried woman cannot be observed. The Supreme Court said that sexual assault by spouses can take the form of rape and the meaning of rape must include the meaning of marital rape under the MTP Act and Abortion Rules.
The decision came as the Supreme Court was due to rule today on whether an unmarried woman in a consensual relationship can seek an abortion between 20-24 weeks. Justice DY Chondrites said the interpretation of the MTP Act must reflect the social reality. Social customs change and evolve with changes in society and laws must not remain static and support a cause.
“Unsafe abortions are preventable. Our understanding of mental health must be considered in common parlance. The environment of the pregnant woman must be considered,” the Supreme Court said. “Married women can also be part of the victims of sexual assault or rape. A woman can become pregnant as a result of her husband’s non-consensual actions. Sex and gender-based violence in all its forms was a part of families,” Justice Chandrachud. he said.
“Ultimately, it is every woman’s prerogative to decide according to her material circumstances. Various economic, cultural or social factors play a role… The artificial distinction between married and unmarried women cannot be sustained. Women must have the autonomy to work freely. ” those rights,” Justice said. “The right to reproductive autonomy is related to bodily autonomy. The fetus relies on the woman’s body to sustain it. Therefore, the decision to terminate a pregnancy is firmly rooted in their right to bodily autonomy. If women were prevented from doing so, the state would deprive them of it.” would be an affront to their dignity,” Justice Chandrachud said.
The case involves a 25-year-old woman who approached the Delhi High Court seeking termination of her pregnancy after 23 weeks and 5 days, saying that although her relationship with her partner was consensual, she was not married and her partner refused to marry her. A bench of Delhi High Court comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that pregnancy of an unmarried woman resulting from a consensual relationship is not covered by the Medical Termination of Pregnancy Rules, 2003.
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