A bench presided by Justice D Y Chandrachud has relied beyond the 1971 Act to rule that all Indian women could have legal abortion.
According to him, while the Act was concerned with married women, the statement of objects and reasons to the 2021 amendment does not differentiate between married and unmarried and therefore, “all women entitled to safe and legal abortion.”
The bench ruled that pregnancy is the sole prerogative of a woman and the circumstances may vary for each and various economical, cultural or social factors play a part in this.
The Supreme Court Thursday ruled the rights available to married women under the Medical Termination of Pregnancy Act, 1971, to abort a foetus will also be available to unmarried ones.
The bench said the artificial distinction between married and unmarried women cannot be sustained and that women must have the autonomy to have free exercise of these rights.
While stressing reproductive autonomy is closely linked to bodily autonomy, the court ruled that the right to choose contraception, the number of children and whether or not to abort have to be taken without the influence of social factors.
It added the consequences of unwanted pregnancy on a woman cannot be undermined and the health of the foetus depends on the mental wellbeing of the mother. The court held the interpretation of the MTP Act has to reflect the societal realities.
The bench referred to parliamentary debate statistics on unsafe abortions and to a Global Health Study by the British Medical Journal which had concluded that 67 per cent of abortions were unsafe. It added that denying access to safe abortion will increase people resorting to unsafe abortions.
Pointing to the abortion rights for rape survivors, the court said married women may also form part of a class of survivors of sexual assault and rape as it is quite possible that a woman may become pregnant on account of a non-consensual act by the husband.
In this context, the court said the meaning of rape must include the meaning of marital rape solely within the meaning of the MTP Act and Rules. The court also held the MTP Act and Protection of Children from Sexual Offences (Pocso) Act has to be read harmoniously and there is no need to disclose the identity of minors under the MTP Act.
The bench ruled pregnancy is the sole prerogative of a woman and the circumstances may vary for each and various economical, cultural or social factors play a part in this.
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