Supreme Court Says All Women Can Entitled to safe and legal abortion till 24 weeks of pregnancy under MTP Act

 The Supreme Court on Thursday held that all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.

A bench of Justices DY Chandrachud, JB Pardiwala and AS Bopanna delivered the verdict on the interpretation of the MTP Act, and whether unmarried or single women can be allowed like their married counterparts the benefit of abortion up to 24 weeks.

The top court said the distinction between married and unmarried women under the abortion laws is "artificial and constitutionally unsustainable" and perpetuates the stereotype that only married woman are sexually active.

The bench, on August 23, had reserved its verdict on interpretation of the MTP Act provisions which makes a distinction between married and unmarried women on the issue of abortion till 24 weeks of pregnancy.

"The marital status of a woman cannot be a ground to deprive her of the right of abortion, the court said, while ruling that even unmarried women would be entitled to terminate an unwanted pregnancy within 24 weeks. 

The court said depriving single or unmarried women of the right to abort an unwanted pregnancy is a violation of fundamental rights.

It said a distinction between married and unmarried women under the abortion laws is "artificial and constitutionally unsustainable" and perpetuates the stereotype that only married women are sexually active.

Thursday's landmark verdict came on a petition by a 25-year-old unmarried woman. The woman had appealed against a Delhi High Court order that ruled that she was not entitled to abortion under the Act as she was unmarried, and the pregnancy followed a consensual relationship. The woman had submitted that she was 23 weeks into her pregnancy.

She had told the Supreme Court that her partner had refused to marry her. She had said that she is the eldest of five siblings and her parents are farmers, stressing that she does not have the means to bring up a child.

On July 21, the court had allowed the woman to abort the foetus provided a medical board concluded that it will not harm her.