NEW DELHI: The Supreme Court on Thursday held all women, including unmarried ones, are entitled to safe and legal abortion under the Medical Termination of Pregnancy Act, saying reproductive right is part of individual autonomy and dignity.
A three -judge bench headed by Justice D Y Chandrachud also declared that sexual assault by husbands can take form of rape so it must include the meaning of marital rape under the law and rules for the purposes of abortion.
In its judgement, the top court interpreted the MTP Act and Rules 3B to declare that even an unmarried woman can undergo abortion up to 24 weeks, which is presently allowed to the married women.
The distinction between married and unmarried woman for the purposes of the Act is artificial and cannot be sustained constitutionally. This perpetuates stereotype only married women indulges in sexual acts, the bench, also comprising Justices A S Bopanna and J B Pardiwala, added.
The court also noted that the amendment made into the Medical Termination of Pregnancy Act in 2021 used the term "partner" instead of husband to cover even the unmarried woman.
The court pointed out that the Parliamentary intent was not to confine the benefits to situations arising out of matrimonial relationships. In fact, a widow or a divorcee woman is allowed to terminate pregnancy of 20-24 weeks, the bench added.
The court's judgement has come on a plea by a 25-year-old unmarried woman, who questioned the Delhi High Court's July 16 order declining her request to terminate her 24-week foetus, in view of her consensual relationship.
Read Judgement
