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.
While reading out the judgement, Justice DY Chandrachud said, “If Rule 3bc was to be interpreted that it applies to married woman it would mean that unmarried does not involve in sex. thus the artificial distinction between married and unmarried woman cannot be sustained.”
“Each woman circumstances are unique. a woman in a situation of emergency or disaster may decide to have the child but it may also impact the choice of a woman who may think pregnancy is not viable to keep.
It is prerogative of a woman. Mention of divorce and widowhood in Rule 3 b c does not hinder our decision. woman may undergone seachange in life other than separation like fetal abnormality as this may lead to same mental situation.”
