India: SC rules every woman has the right to safe abortion, irrespective of marital status

In a landmark judgment, the Supreme Court of India on Thursday ruledthat all women are entitled to a safe and legal abortion process and making any distinction between a married and an unmarried woman in this regard is unconstitutional. The court also made a mention of marital rape in this regard, saying that under the Medical Termination of Pregnancy Act, the definition of rape must include marital rape.

"The marital status of a woman can't be ground to deprive her right to abort an unwanted pregnancy. Single and unmarried women have the right to abort under the Medical Termination of Pregnancy Act and rules till 24 weeks of pregnancy," the court said.

Depriving single or unmarried women of the right to abort an unwanted pregnancy is a violation of fundamental rights, it added.

"Prohibiting single or unmarried pregnant women with pregnancy between 20-24 weeks from accessing abortion while allowing married women would fall foul of the spirit guiding Article 14," the court said in its ruling.

The judgement said, "Law in modern times is shedding the notion that marriage is a precondition for the rights of persons. The MTP act must consider the realities of today and must not be restricted by old norms. The law must not remain static and must keep in mind changing social realities."

(With inputs from agencies)