SC: Abortions Up to 24 Weeks Legal, Despite Marital Status

Highlights

• The Supreme Court of India ruled that all women are allowed to have abortions up to 24 weeks into their pregnancies, despite their marital status.
• When a woman is abandoned by her family or her partner, her marital status is changed.
• The judge stated that 'Women must have autonomy to have free exercise of these rights.'

The Supreme Court recently ruled that all women can have abortions up to 24 weeks into their pregnancies, regardless of their marital status. This happened after a petition was filed against the ruling by a women from Manipur //

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Facts of the Case on Abortion

The Appellant, a 25 years unmarried Indian citizen residing in Manipur a had become pregnant as a result of a consensual relationship. The appellant wished to terminate her pregnancy as "her partner had refused to marry her at the last stage." She stated that she did not want to carry the pregnancy to term since she was wary of the "social stigma and harassment" pertaining to unmarried single parents, especially women. Moreover, the appellant submitted that in the absence of a source of livelihood, she was not mentally prepared to "raise and nurture the child as an unmarried mother." The appellant stated that the continuation of the unwanted pregnancy would involve a risk of grave and immense injury to her mental health.

The Supreme Court ruled that all women can have abortions up to 24 weeks into their pregnancies, regardless of their marital status.

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Medical Termination Pregnancy Act

According to the Medical Termination Pregnancy Act, abortion has been permitted in India since 1971. The law was changed in 2021 to allow for abortions up to 24 weeks, up from the previous 20 weeks. These categories of women include:

1. Married women who were divorced or bereaved
2. Minors
3. Rape victims and
4. Mentally ill women

But because unmarried women were not included in the amendments, many people began to wonder why the legislation made distinctions based on marital status.

Rule 3B of the Medical Termination of Pregnancy lays down the categories of women whose pregnancy can be terminated till 24 weeks. As per the rules laid down in the MTP Act, only survivors of rape, minors, women whose marital status changed during pregnancy, mentally-ill women, or women with foetal malformation are allowed to terminate pregnancy. However this does not include unmarried women.

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Challenging the Abortion law

The petitioner ‘X’ argued in the high court that “Rule 3B of the Medical Termination of Pregnancy Rules, 2003 is violative of Article 14 of the Constitution of India (Right to Equality), inasmuch as it excludes an unmarried woman.”

Rule 3B(c) states that a “change in the marital status during the ongoing pregnancy (widowhood and divorce)” renders women eligible for termination of their pregnancy under Section 3(2)(b).

It was held by the top court that 'A change in material circumstance’ may also result when a woman is abandoned by her family or her partner. When a woman separates from or divorces her partner, it may be that she is in a different (and possibly less advantageous) position financially. She may no longer have the financial resources to raise a child.

Furthermore, Justice Chandrachud, soon to be the Chief Justice of India stated that “The artificial distinction between married and unmarried women cannot be sustained. Women must have autonomy to have free exercise of these rights.”

Impact of the Ruling on Abortion

Reproductive rights advocates applauded the ruling, saying it ensured that the legislation does not discriminate and extends to single women the right to safe and legal abortions. This ruling has a major impact especially after the overruling of Roe v. Wade judgment by the Supreme Court of the USA, which established a constitutional right to abortion.

Judgements affect each other internationally. They have persuasive value over other nations. And this ruling is significant because it affirms a woman's autonomy over her body and her right to choose whether or not to have children, despite what authorities and legislators may say.

References:

1. X v. The Principal Secretary,Health and Family Welfare Department, Govt. of NCT of Delhi & Anr Civil Appeal No 5802 of 2022
2. The Medical Termination Of Pregnancy Act, 1971 (Act No. 34 of 1971)

Source-Medindia