Marital Rape: What SC decision means? Know all about MTP Act, abortion for married, unmarried women

New Delhi: The Supreme Court on Thursday gave an important decision regarding abortion and marital rape in the country, saying that unmarried women will also be allowed to undergo abortion within 24 weeks of pregnancy under the MTP (medical termination of pregnancy) act.

Strongly advocating women's bodily autonomy, the apex court said that just because a woman is unmarried, we cannot take away her right to get an abortion within 24 weeks.

The bench of Justice D Y Chandrachud, Justice A S Bopanna, and Justice J B Pardiwala said that preventing women from getting a safe abortion would be a violation of Article 14 of the Indian constitution.

The bench also said that no benefits of law must be decided on the basis of narrow patriarchal norms. It will kill the soul of the law.

The court said that under the current abortion laws, the difference between a married and unmarried woman is artificial and uncertain and reinforces the dogma that only married women are sexually active. It said that progeny rights also include the right to sex education, including protection and sexual health. As per the apex court, it also includes the choice of contraceptive, when and how many children to have and safe and legal abortion, which must also be the decision and right of the woman.

In another landmark comment, the Supreme Court also established that pregnancy as a result of marital rape will also be a part of the MTP act. The court said that intimate partner violence was a reality.

Under MTP Act, there are certain conditions for abortion.

In India, there are certain requirements for obtaining a medical abortion:

1. You need a doctor's advice if the pregnancy needs to be ended within 20 weeks.

2. You require two medical opinions if the pregnancy needs to be ended within 24 weeks.

3. If the mother's life is seriously in danger as a result of the pregnancy, the pregnancy may be terminated.

4. It is also acceptable if it transpires that the infant will be born with a severe physical or mental impairment.

A woman may get an abortion within 24 weeks if she has experienced sexual assault, rape, or incest. Women who are minors, physically disabled, or mentally ill are also eligible for the time extension.

In addition, if a woman's marital status changes during that time, such as if she gets divorced or becomes a widow, the enhanced term limit also applies to her. The mother can also have an abortion if the infant has foetal abnormalities that pose a significant risk of being incompatible with life. For women who became pregnant in dire circumstances, such as a war, humanitarian disaster, or a state of emergency, the restriction is also increased.