Landmark decision! SC allows all women, including unmarried and minors, to medically terminate pregnancy till 24 weeks

New Delhi: Interpreting the MTP (Medical Termination of Pregnancy) Act, the Supreme Court gave a landmark decision on Thursday and declared that all women, including unmarried and minors, can undergo abortion up to 24 weeks.

A bench headed by Justice D.Y. Chandrachud noted that married women may also form part of survivors of sexual assault or rape. “A woman may become pregnant due to a non-consensual act by her husband. Sex and gender-based violence in all its form has been part of families,” the top court said.

The Supreme Court was scheduled to deliver a judgment today on the eliminate of discrimination between married and unmarried women for allowing abortion till 24 weeks of pregnancy.

“We have also briefly touched upon Section 375 of IPC. The meaning of rape must include the meaning of marital rape solely within the meaning of MTP Act and Rules. Such a requirement of proving rape for the purpose of MTP Act shall be against the object of the Act,” added Justice Chandrachud as reported by Live Law.in.

Pronouncing the judgment, Justice DY Chandrachud said, “The interpretation of MTP (Medical Termination of Pregnancy) has to be in accordance with societal realities and demands. Readjustment of laws and cannot be in past archives. Unamended 1971 Act was concerned with married woman, but the 2021 statement of objects and reasons does not differentiate between married and unmarried. Thus all are entitled to safe and legal abortion."

“Indeed rights are routed in marriage, it has to be changed marriage is a pre-condition to the rights of individuals. Changing social mores must be borne into mind. It must be so that non-traditional family structures to avail the benefits of such legislations. As society changes and evolves, so does our social mores. Law must not remain static and advance the cause,” observed Justice DY Chandrachud as reported by Live Law.in.

"It's ultimately the prerogative of each woman to decide as per her material circumstances. Various economical, cultural or social factors play a part... The artificial distinction between married and unmarried women cannot be sustained. Women must have the autonomy to have free exercise of these rights," Justice said.

“The right to reproductive autonomy is related to bodily autonomy. The foetus relies on the woman's body to sustain. Therefore, the decision to terminate is firmly rooted in their right of bodily autonomy. If women are prevented from this, the state would be stripping them of the long term path they take. This would be an affront to their dignity,” said Justice Chandrachud.

Hearing the case earlier on August 23, the SC had noted that the provisions in the MTP rules need to be fine-tuned, and in the seven categories of women eligible to seek abortion till 24 weeks of pregnancy, it would add a category of women who suffer desertion, irrespective of marital status.

Earlier on July 21, the apex court had allowed a 25-year-old woman to abort her 24-week pregnancy arising out of a consensual relationship. The woman had earlier approached the Delhi High Court seeking the termination of her pregnancy of 23 weeks and 5 days.

However, the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed her application citing that it “will not permit” the woman to undergo medical termination of pregnancy at past 23 weeks, which would “virtually” amount to “killing the child”, and suggested that she should give birth and opt for adoption instead.