What did the Supreme Court say on abortion, marital rape, and ‘persons other than cis-women’?
New Delhi, Sept. 29: In a landmark ruling on the reproductive rights of women, the Supreme Court held on Thursday that all women are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act, and making any distinction on the basis of their marital status is “constitutionally unsustainable”.
“The marital status of a woman can’t be ground to deprive her right to abort unwanted pregnancy,” the top court said while pronouncing its judgement.
“The decision to carry a pregnancy to full term or to abort it lies in the 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 held in its ruling.
The bench had also said that marital rape has to be considered as falling within the meaning of ‘rape’ for the purpose of the Medical Termination of Pregnancy (MTP) Act and rules and in order to save women from forceful pregnancy. “Any other interpretation (of rape) would have the effect of compelling a woman to give brith to and raise a child with a partner who inflicts mental and physical harm upon her,” it said.
The judgement incidentally coincided with safe abortion day which is marked on September 28 every year, a fact Justice Chandrachud said he did not know about when informed, as reported by Livelaw.
On August 23, the Supreme Court had said it would interpret the MTP Act and the rules to eliminate the discrimination between married and unmarried women for allowing abortion till 24 weeks of pregnancy.
The bench headed by Justice DY Chandrachud also included Justices AS Bopanna and JB Pardiwala.
Here are important points from the judgement:
The verdict: “The distinction between married and unmarried women under the abortion laws is “artificial and constitutionally unsustainable” and perpetuates the stereotype that only married women are sexually active.”
“The rights of reproductive autonomy give similar rights to unmarried women as that to married women.”
-TNIE
