New Delhi: In a significant order given by the Supreme Court of India it was established that women cannot be discriminated for abortion on the basis of marital status.
Can seek abortion within 24 weeks
The apex court said that any women is entitled to seek abortion of pregnancy within 20-24 weeks for any pregnancy out of a consensual relationship.
The Court ruled that exclusion of unmarried women who conceive out of live-in relationship from the Medical Termination of Pregnancy Rules is unconstitutional.
“All women are entitled to safe and legal abortion”, the Court said noting that the 2021 amendment to the Medical Termination of Pregnancy Act does not make a distinction between married and unmarried women.
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Discrimination on the basis of marital status unsustainable
“If Rule 3B(c) is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities.This is not constitutionally sustainable.The artificial distinction between married and unmarried women cannot be sustained. Women must have autonomy to have free exercise of these rights”, Justice Chandrachud, the presiding judge of the bench read out the excerpts of the judgment.
