Supreme Court Says All Women Are Entitled To Safe, Legal Abortion

The Supreme Court of India on Thursday said that all women irrespective of their marital status are entitled to safe and legal abortion. The apex court said that even a single and unmarried woman has the right to abort an unwanted pregnancy under the Medical Termination of Pregnancy Act and the rules till 24 weeks of pregnancy.

"Law in modern times is shedding the notion that marriage is a precondition for the rights of persons. The MTP act must consider the realities of today and must not be restricted by old norms. The law must not remain static and must keep in mind changing social realities," the court said.

"Unsafe abortions continue to be the third leading cause of maternal mortality. 60 percent of abortions carried out in India are unsafe. By denying access to safe abortion services, restrictive abortion practices lead to unsafe abortions," it said, further adding, "Married women may also form part of the class of survivors of sexual assault or rape. A woman may become pregnant as a result of non-consensual sex with her husband." 

The SC also said that registered medical petitioners do not need to disclose the identity of a minor if she seeks an abortion under the POSCO Act.

"Prohibiting single or unmarried pregnant women with a pregnancy between 20-24 weeks from accessing abortion while allowing married women would fall foul of the spirit guiding Article 14," the court said in its ruling.

"Married women may also form part of the class of survivors of sexual assault or rape. A woman may become pregnant as a result of non-consensual sex with her husband," the court added.

"There is no need to register an FIR for rape for abortion to be allowed if a woman has claimed rape, even by a married partner," the SC said.

Supreme Court said that sexual assault committed by a husband on his wife will also be recognised as rape under the provisions of the act. The definition of rape will include marital rape under the MTP act.

The SC said that married women may also be survivors of sexual assault and rape and may become pregnant as a result of non-consensual sex with her husband; in such cases as well women can go for safe and legal abortions.

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