Supreme Court allows right to abortion for unmarried women, marital rape survivors

In a landmark and uplifting judgment, the Supreme Court of India stated that ALL women in India have the right to abortion. On Thursday, September 29, the apex court, ruled in a medical termination of pregnancy (MTP) case. 

What did the Supreme Court say? The court was ruling in the case of a 25-year-old unmarried woman seeking abortion of pregnancy within the 24-week period. The Delhi High Court had ruled against abortion. But the apex court overturned the Delhi HC ruling.

• The apex court declared that unmarried women can also seek abortion of pregnancy during the 20-24 week period.
• The court noted that the 2021 amendment to the Medical Termination of Pregnancy Act does not differentiate between married and unmarried women.
• The court also noted that if such a distinction is made between married and unmarried women, it would only force the norm that only married women are sexually active.

Marital rape survivors too: The SC also made a landmark statement on marital rape survivors.

• The court said that marital rape is rape under the ambit of abortion rights.
• What it means: Married women who conceive out of forced sex by their husbands can seek to terminate the pregnancy.

Who passed the judgment? A Supreme Court bench headed by Justice DY Chandrachud passed the landmark judgment. Justice Chandrachud also said that the law needs to change with modern times. 

Will women need to file FIRs in case of rape to seek abortion? In the case of rape or even marital rape, women do not need to file an FIR to seek an abortion. 

What about minors? The Supreme Court also said that there is no need to disclose the identity of a minor if she seeks an abortion under the POCSO Act.

Context: While making the judgment, Justice DY Chandrachud noted that the percentage of unsafe abortions in India is quite high, which is the third leading cause of maternal mortality.

• The court said that 60% of all abortions in India are unsafe and by denying women the right to safe abortions will only result in the rise of unsafe abortions. 

The bigger picture: The Supreme Court of India's landmark judgment comes at a time when the world is discussing the bodily and reproductive rights of women, mostly in the wake of the US Supreme Court's regressive ruling on abortion rights for American women, which more or less criminalises abortions in most US states even in the case of medical emergencies, rape or incest. 

• On June 24, 2022, the US Supreme Court overturned the 70s Roe Vs Wade ruling that gave constitutional rights of abortion to American women.