All married and unmarried women legal abortion Supreme Court

A Bench led by Justice D.Y. Chandrachud pried open the restrictive grip of a 51-year-old abortion law which bars unmarried women from terminating pregnancies which are up to 24-weeks old. The Medical Termination of Pregnancy Act of 1971 and its Rules of 2003 prohibit unmarried women who are between 20 weeks to 24 weeks pregnant to abort with the help of registered medical practitioners. 

When the MTP Act was enacted in 1971, it was largely concerning the married woman. But as societal norms and mores change, law must also adapt. Changing social mores must be borne in mind while interpreting provisions. Social realities indicate the need to recognise legally non-traditional family structures. 

On July 21, the top court had expanded the scope of the MTP Act to include unmarried women and allowed a 25-year-old to abort her 24-week pregnancy arising out of a consensual relationship.

“A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution and she has a sacrosanct right to bodily integrity,” it had said.

The court has said that the state must ensure that information regarding reproduction and safe sexual practices is disseminated to all parts of the population, and all segments of society are able to access contraceptives to avoid unintended pregnancies and plan their families. The court further said that the government must ensure medical practitioners treat all patients equally and sensitively. Treatment not to be denied on the basis of caste or other social and economic factors.

In an important development, the Supreme Court has also held that the meaning of rape under the MTP Rules must be understood to include marital rape solely for purposes of MTP Act and rules. Notwithstanding the marital rape exception under the IPC, the court has said that the meaning of the word sexual assault or rape in rule 3 B (a) includes a husband’s act of rape committed on his wife.

“It’s ultimately the prerogative of each woman to decide as per her material circumstances. Various economical, cultural or social factors play a part… The artificial distinction between married and unmarried women cannot be sustained. Women must have the autonomy to have free exercise of these rights,” Justice said.

“The right to reproductive autonomy is related to bodily autonomy. The foetus relies on the woman’s body to sustain. Therefore, the decision to terminate is firmly rooted in their right of bodily autonomy. If women are prevented from this, the state would be stripping them of the long-term path they take. This would be an affront to their dignity,” Justice Chandrachud said.