Historic decision of Supreme Court, now even unmarried women can get abortion

The Supreme Court in its landmark judgment today said that all women have the right to a safe and legal abortion. After today’s decision of the court, not only married women, unmarried women can also get abortion up to 24 weeks. With this decision of the court, women who have become pregnant from live-in relationships and consensual relationships will get great relief. The Supreme Court has expanded Rule 3-B of the Medical Termination of Pregnancy Rules. In normal cases, the right of abortion for pregnancy more than 20 weeks and less than 24 weeks was till now only married women.

The Supreme Court in its judgment said that rape should include ‘marital rape’ under the Medical Termination of Pregnancy Act. The Supreme Court has ruled that sexual assault on a woman by husbands may amount to rape and that the definition of rape should include marital rape under the Medical Termination of Pregnancy Act.

The Supreme Court has ruled that the marital status of a woman cannot be a ground to deprive her of the right to terminate an unwanted pregnancy and that even a single and unmarried woman can be treated under the Medical Termination of Pregnancy Act. She has this right under the rules and she has the right to an abortion up to 24 weeks of pregnancy.

An unmarried woman had filed a petition in the court seeking medical termination of her 24-week pregnancy, on which the court had reserved its decision.

Significantly, the petition seeking to declare sexual intercourse by the husband as an offense of rape without the consent of the wife is currently pending in the Supreme Court. The matter came to the Supreme Court after two judges of the Delhi High Court could not reach a consensus.