The Supreme Court (SC) gave a historic decision in favour of women in India.
On the 29th of September, Thursday, the Apex Court bench ruled that an unmarried woman can undergo an abortion up to 24 weeks on par with that of married women. The decision was taken to provide safe and legal aborition for married/unmarried woman under the Medical Termination of Pregnancy Act.
The Top Court said sexual assault by husbands can take the form of rape and the meaning of rape must include the meaning of marital rape under the MTP Act and Rules for the purposes of abortion. The distinction between married and unmarried woman for the purposes of the MTP Act is artificial and constitutionally unsustainable and it perpetuates the stereotype that only married women indulges in sexual activities,” said the Supreme Court.
Furthermore, the SC bench headed by Justice D.Y. Chandrachud said that an unmarried or a single woman cannot be excluded from seeking a safe abortion of pregnancies up to 24 weeks under the Medical Termination act and the rules. “The marital status of a woman can’t be grounds for depriving her right to abort an 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,” said the court.
Highlighting the importance of change in norms the Apex Court bench said, “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.”
Besides married or unmarried women, the Court also said, the identity of the minor, seeking abortion under the Protection of Child from Sexual Offence (POCSO) would not be registered or revealed.
Concluding the court proceedings, the Supreme Court also asked the concern authority to create awareness regarding contraceptives and ensuring no one is deprived of rights under the MTP Act rights.
Stay tuned for further updates.
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