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Unmarried women can terminate pregnancy up to 24 weeks: Supreme Court

The existing provisions in the Act do not allow a single woman to go for abortion after 20 weeks while divorcees, widows, and some other categories of women are allowed termination of pregnancy up to 24 weeks on account of mental anguish and some other hardships.

Married woman's forceful pregnancy can be treated as marital rape for abortion: Supreme Court AJR
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First Published Sep 29, 2022, 11:54 AM IST

The Supreme Court on Thursday said that unmarried women are entitled to seek abortion of 20-24 week old pregnancy arising from a consensual relationship.

The top court also ruled that forceful pregnancy of a married woman can be treated as "marital rape" for the purposes of abortion as it delivered a landmark ruling on women's reproductive rights and bodily autonomy.

A bench, headed by Justice Dhananjaya Y Chandrachud said that married women may also form part of the class of rape survivors.

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"Rape means sexual intercourse without consent, and intimate partner violence is a reality. In this case, also woman may get forcefully pregnant," the bench said, holding that the term "rape" under the Medical Termination of Pregnancy (MTP) Act will include pregnancy due to forcible sex by husbands.

"Any pregnancy alleged to be caused by force by a pregnant woman is rape," it said.

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The bench, which also included justices AS Bopanna and JB Pardiwala, also interpreted the MTP Act to declare that even an unmarried woman will be allowed to go for abortion up to 24 weeks, on par with married women.

The existing provisions in the Act do not allow a single woman to go for abortion after 20 weeks while divorcees, widows, and some other categories of women are allowed termination of pregnancy up to 24 weeks on account of mental anguish and some other hardships.

"Law cannot create such artificial classification based on narrow grounds...the decision to carry a pregnancy to full term or to abort it lies in reproductive autonomy of a woman, which is rooted in bodily autonomy. Depriving her of this right will be an affront to a woman’s right to dignity," the bench said.

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According to reports, the Supreme Court was hearing a petition of a 25-year-old single woman, whose plea for termination of her 24-week pregnancy was denied by the Delhi high court, which suggested she rather give up the child for adoption.

On July 21, the top court allowed the woman to go ahead, provided a medical board certifies that there is no threat to her life from the abortion. On that day, the bench also decided to examine the scope of the MTP Act and the rules under the law that differentiates between married and unmarried women.

The Union health ministry defended the legal regime, arguing extensive discussions were held before drafting the MTP Act and the rules, which eventually kept the separated and single women out of the category in which abortion up to 24 weeks were allowed.

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Citing section 3B(c) of the 2003 MTP Rules, which allows women who undergo a "change of marital status during the ongoing pregnancy" by way of widowhood or divorce to undergo termination of pregnancy, the top court held the expression "change in marital status" should be given a purposeful interpretation within its fold situations involving single women too.

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