“Violative Of Article 14”: SC Allows Abortion Upto 24 Weeks Irrespective Of Marital Status

The Supreme Court’s judgment stated that unmarried women can seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship

New Delhi: Supreme Court on September 29, ruled that all women have the right to safe and legal abortion. Making a distinction between married and unmarried women will be considered unconstitutional. It also stated that under the Medical Termination of Pregnancy Act, the rape definition must include marital rape too.

Justice DY CHandrachud stated that wives who conceived as a result of forced sex by their husbands will also be considered “survivors of sexual assault, rape, or incest” as defined in Rule 3B(a) of the Medical Termination of Pregnancy Rules. For context, Rule 3B(a) lists the categories of women who can seek abortion between the ages of 20 and 24 weeks.

The Supreme Court’s judgment stated that unmarried women can seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship (X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, C.A 5802/2022).

Supreme Court also noted that the marital status of a woman cannot be a ground for denial of her abortion rights. The court said that depriving a single or unmarried woman of her right to abort an unwanted pregnancy will be considered a violation of fundamental rights.

Justice DY Chandrachud said, “We would be remiss in not recognizing that intimate partner violence is the reality and can take the form of rape. The misconception that strangers are exclusively or almost exclusively responsible for sex and gender-based violence is a deeply regrettable one. Sex and gender-based violence in all its form in the context of the family have long formed a part of the lived experiences of women.”

The bench further underlined that the existing as of now have recognized various forms of familial violence.

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Elaborating on the exception of marital rape in IPC and its effects on the MTP act, the court said, “We have also briefly touched upon the Exception 2 of Section 375 of IPC. Notwithstanding Exception 2 to Section 375 of IPC, the meaning of the word “sexual assault” or “rape” in Rule 3B(a) includes the husband’s act of sexual assault or rape committed on his wife.”

Elaborating on the rights of a married woman to terminate pregnancy court said, “Married women may also form the part of the class of survivors of sexual assault or rape. The ordinary meaning of the word rape is sexual intercourse with a person without consent or against their will. Regardless of whether such forced intercourse occurs in the context of matrimony, a woman may become pregnant as a result of non-consensual sexual intercourse performed upon her by her husband.”

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