The Supreme Court on Thursday, 29 September, ruled that besides married women, unmarried women will have the right to safe and legal abortion under the Medical Termination of Pregnancy Act 1971.
The bench headed by Justice DY Chandrachud held that while the 1971 act has to do with married women, the distinction between married and unmarried is artificial, unsustainable and it is imperative that women have autonomy to exercise their rights regarding safe and legal abortion.
Additionally, the apex court also made striking observations on marital rape and reproductive autonomy.
The Thursday judgement comes on the heels of a July order, where it had allowed an unmarried woman, who had become pregnant after consensual sex, to abort her 24-week-old foetus.
So, what has the court said about unmarried women? Will its statements have an impact on the ongoing marital rape hearing? And, how did this case come up in the first place? Here's all you need to know.
What Exactly Did the Court Say About Unmarried Women?
The top court held that provisions in Medical Termination of Pregnancy Act (MTP Act) allowing termination pregnancy beyond 20 weeks and up to 24 weeks cannot be denied to a woman merely because she is unmarried, LiveLaw reported.
What Are the Legalities Around it now?
MTP Rules cannot be interpreted in a restrictive manner so as to deny right of abortion to unmarried woman beyond 20 weeks and doing so would be violative of Article 14 of the Constitution (equality before the law).
'Reproductive Autonomy Closely Linked To Bodily Autonomy'
Emphasising that reproductive autonomy is closely linked to bodily autonomy, the court ruled that the right to choose contraception, the number of children and whether or not to abort have to be taken without the influence of social factors.
It added the consequences of unwanted pregnancy on a woman cannot be undermined and the health of the foetus depends on the mental wellbeing of the mother. The court held the interpretation of the MTP Act has to reflect the societal realities.
What Did It Say About Marital Rape?
Wives, who conceived out of forced sex by their husbands, will come within the ambit of "survivors of sexual assault or rape incest" highlighted in the Medical Termination of Pregnancy Rules, the Court said, according to Bar and Bench.
The meaning of rape must thus include “marital rape” for the purpose of the Medical Termination of Pregnancy Act and Rules.
Is This Linked To the Ongoing Marital Rape Hearing?
While the Supreme Court is at present considering petitions challenging the constitutional validity of exempting marital rape from the offence of rape (Exception to Section 375 of the Indian Penal Code), the bench clarified on Thursday that including marital rape within the meaning of rape, was only with regards to the MTP Act.
"The meaning of rape must therefore be understood as including marital rape solely for the purpose of the MTP Act and any other rules and regulations framed thereunder. Any other interpretation would have the effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her, " the bench said, according to Bar and Bench.
The Backdrop
The Supreme Court had in July, overturned a Delhi High Court decision declining to permit the abortion of an unmarried woman, who had become pregnant after consensual sex.
The appellant, who was from Manipur and but resides in Delhi, had moved the Delhi High Court after she came to know about her 24-week old foetus.
The High Court had refused relief to the woman, holding that an unmarried woman who is carrying a child out of a consensual sexual relationship cannot be permitted to terminate pregnancy older than 20 weeks.
When the woman moved the top court in appeal, it said that the law has to be given a broad interpretation.
The Supreme Court then directed the director of AIIMS to form a medical board, complying to the provisions Section 3 of the MTP Act.
(With inputs from LiveLaw & Bar and Bench.)
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