Supreme Court says all women, married or unmarried, entitled to safe and legal abortion | Details

Supreme Court on women abortion: In a landmark decision, the Supreme Court on Thursday held that all women, married or unmarried, are entitled to safe and legal abortion.

A bench of Justices DY Chandrachud, JB Pardiwala and AS Bopanna delivered the verdict on the interpretation of the Medical Termination of Pregnancy (MTP) Act. The top court said that unmarried or single women should be given like their married counterparts the benefit of abortion up to 24 weeks.

The top court added 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 decision has come as a relief for scores of single women, including survivors of sexual assault and rape, who have had an unwanted pregnancy. 

The MTP (Amendment) Act was passed by the Parliament in 2021. On July 21 this year, the Supreme court expanded the scope of the MTP Act to include unmarried women and allowed a 25-year-old to abort her 24-week pregnancy arising out of a consensual relationship, according to a report in PTI. "Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom. Live-in relationships have been recognized by this Court," said the court.