The Supreme Court ruled on Thursday that all women, whether married or single, have the right to seek an abortion of their pregnancy within the period of 20 to 14 weeks, even if the pregnancy results from a consensual relationship. This decision is a significant one. The Supreme Court stated that under its reading of the Medical Termination of Pregnancy Act, unmarried women can have abortions up to 24 weeks along with married women since it is inadmissible to maintain a differentiation between married and unmarried women.
According to the Supreme Court, marital rape under the MTP Act and Rules qualifies as rape for purposes of abortion and it means that sexual abuse by husbands can take the form of rape.
The decisions were made at the same time as the Supreme Court was scheduled to rule today on the issue of whether an unmarried woman can obtain an abortion during a pregnancy that is 20 to 24 weeks pregnant while in a consenting relationship.
According to Justice DY Chandrachud, the MTP act’s interpretation must take into account societal realities. Social mores fluctuate and develop as society does, therefore laws cannot be static while yet advancing the cause. “It is possible to stop unsafe abortions. We must take into account how we typically talk about mental health. It is important to consider a pregnant woman’s surroundings, “According to the Supreme Court.
“Each woman ultimately has the right to make a decision based on her material circumstances. A number of economic, cultural, and social issues are involved. It is not possible to maintain the arbitrary division between married and single women. Women must possess the freedom to exercise these rights without restriction “Justice stated.
