All Women Entitled To Safe And Legal Abortion Irrespective Of Marital Status: Supreme Court

The Supreme Court said that the meaning of rape must be held, including marital rape, for purpose of the Medical Termination of Pregnancy Act

Supreme Court

Source : PTI

New Delhi: The Supreme Court on Thursday said that all women are entitled to safe and legal abortion irrespective of marital status.

According to news agency ANI, the apex court held that the marital status of a woman cannot be ground to deprive her right to abort 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, it stated.

The SC bench noted that the meaning of rape must be held, including marital rape, for purpose of the Medical Termination of Pregnancy Act.

It further said that the distinction between married and unmarried women "artificial and constitutionally unsustainable" as it perpetuates the stereotype that only married women indulge in sexual activities.

SC Overruled Delhi High Court Order, Allowed Unmarried Woman To Terminate Pregnancy Of 24 Weeks

This judgment comes after the Supreme Court in July allowed a pregnant unmarried woman to abort her 24-week fetus. While passing the order the apex court had sought a report from All India Institute of Medical Sciences (AIIMS) on safe abortion of the pregnancy and directed to form a team of two experts to report on whether abortion is possible without harming the girl.

The Delhi High Court in its order on July 16 refused to grant permission to terminate the pregnancy that was 23 weeks then, on grounds it violated the abortion law. Under the Medical Termination of Pregnancy Act (MTP Act), abortion of pregnancy arising out of a consensual relationship was allowed only for up to 20 weeks.

Unmarried women are, however, allowed to undergo medical termination of pregnancy up to 24 weeks, according to the MTP Act. 

The pregnancy had arisen out of a consensual relationship and the woman had sought relief from the Supreme Court on Tuesday.

The petitioner, a 25-year-old woman had appealed to the court to terminate the pregnancy on grounds that her partner, with whom she was in a relationship had refused to marry her. She also stressed that the birth of the child could cause her psychological agony as well as social stigma, news agency PTI reported.

The high court, while dealing with the plea, had said the court cannot go beyond the statute while exercising its power under Article 226 of the Constitution.

“The petitioner, who is an unmarried woman and whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the clauses under the Medical Termination of Pregnancy Rules, 2003,” the high court noted in its order dated July 15.