Even single, unmarried women have the right to safe and legal abortion, rules SC
In a landmark decision on reproductive rights, the Supreme Court of India has extended the right to safe and legal abortion up to 24 weeks of pregnancy to unmarried and single women. The ruling emphasizes that it is the fundamental right of every woman to make reproductive choices without undue interference from the State. This decision allows all women in the country, regardless of marital status, to undergo an abortion up to 24 weeks into pregnancy.
The judgment was made in response to a plea by an unmarried pregnant woman who, despite being in a consensual relationship, was denied the right to abortion as she had surpassed the 20-week limit. The bench, consisting of Justices D Y Chandrachud, A S Bopanna, and J B Pardiwala, clarified that the provisions of the Medical Termination of Pregnancy (MTP) Act cannot be construed to deny single women the right to abortion beyond 20 weeks.
The court rejected the notion of an artificial distinction between married and single women, stating that such a differentiation is not constitutionally sustainable. It emphasized that the benefits of the law extend equally to both single and married women. Article 21 of the Constitution, recognizing and protecting the right of a woman to undergo termination of pregnancy for mental or physical health reasons, underscores the woman’s autonomy over her body.
The bench further highlighted the need to interpret the meaning of rape in the context of the MTP Act to include marital rape. This interpretation is crucial for protecting women from being compelled to give birth and raise a child with a partner who inflicts mental and physical harm upon her.
The court’s analysis of the MTP Act’s evolution emphasized the shift toward a gender-equal society and the importance of adapting laws to changing social contexts. It underscored the principle of transformative constitutionalism, promoting societal change while acknowledging the unique circumstances and prerogative of each woman in deciding whether to undergo abortion.
The judgment recognized the intimate connection between the right to reproductive autonomy and bodily autonomy, emphasizing the profound consequences of unwanted pregnancies on a woman’s body and mind. The decisional autonomy of pregnant women was affirmed, allowing them to choose the course of their lives without external interference.
In conclusion, the Supreme Court emphasized that the right to reproductive autonomy is rooted in bodily autonomy, and women have the intrinsic right to choose to undergo or not undergo abortion without the need for consent or authorization from a third party. The decision also acknowledged the far-reaching effects of unwanted pregnancies on a woman’s education, career, and mental well-being.
