Marital status as a criterion for abortion is unconstitutional, all women can seek safe, legal abortion: SC rules
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New Delhi: Marital status of a woman shall not be a criterion for her seeking safe and legal termination of unwanted pregnancy, ruled the Supreme Court and called the distinction between married and unmarried women under the Medical Termination of Pregnancy Act artificial and unconstitutional.
The apex court bench comprising Justice DY Chandrachud, Justice JB Pardiwala and Justice AS Bopanna also said that the rape under the Medical Termination of Pregnancy Act should be read regardless of women's marital status.
The landmark judgement favoured a 25-year-old woman who challenged the denial of her plea for terminating a 23 week foetus she had borne from her out of marriage relationship by the Delhi High Court that ruled the Act does not extent the relaxation of abortion to an unmarried woman.
Justice Chandrachud said the exclusion of unmarried women, who conceive out of a live-in relationship, from the Medical Termination of Pregnancy Rules is unconstitutional. "All women are entitled to safe and legal abortion," said the top court. The judgment on the matter will be uploaded later in the day.
It added that the rights of reproductive autonomy give an unmarried woman similar rights as a married woman. The top court noted that the 2021 amendment to the Medical Termination of Pregnancy Act, does not make a distinction between married and unmarried women.
The top court said the artificial distinction between married and unmarried women could not be sustained. "Women must have the autonomy to have free exercise of rights...," noted the bench.
On August 23, the Supreme Court said it would interpret the Medical Termination of Pregnancy (MTP) Act and the rules to eliminate the discrimination between married and unmarried women for allowing abortion till 24 weeks of pregnancy.
On July 21, the top court had allowed a 25-year-old to abort her 24-week pregnancy arising out of a consensual relationship.
