SC: Unmarried women also entitled to legal abortion; rape includes marital rape

The Supreme Court, in a landmark ruling on Thursday (September 29), said that all women irrespective of their marital status are entitled to safe and legal abortion till 24 weeks of pregnancy.

A bench of Justices DY Chandrachud, JB Pardiwala and AS Bopanna delivered the verdict on the interpretation of the Medical Termination of Pregnancy (MTP) Act, and whether unmarried or single women can be allowed like their married counterparts the benefit of abortion up to 24 weeks.

The apex court also ruled that forceful pregnancy of a married woman can be treated as “marital rape”.

Watch: All women entitled to safe and legal abortion, says SC

The distinction between married and unmarried women under abortion laws is “artificial, constitutionally unsustainable”. The distinction between married and unmarried perpetuates stereotype that only married women are sexually active, the top court said.

“Married women may also form part of the class of rape survivors. 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, according to a Hindustan Times report.

Also read: Delhi HC delivers split verdict on criminalisation of marital rape

The bench said that the term “rape” under the MTP Act will include pregnancy due to forcible sex by husbands.

“If Rule 3B(c) is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable. The artificial distinction between married and unmarried women cannot be sustained. Women must have autonomy to have free exercise of these rights”, Justice Chandrachud said, LiveLaw reported.

Also read: In ‘sanskari’ India, abortion continues to be a big deal

“The rights of reproductive autonomy give an unmarried women similar rights as a married women,” the court said.

The bench, on August 23, had reserved its verdict on interpretation of the MTP Act provisions which makes a distinction between married and unmarried women on the issue of abortion till 24 weeks of pregnancy.

(With inputs from agencies)

Also read: 2021 Kerala HC remarks on marital rape that set a precedent

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