A bench of Justices DY Chandrachud, JB Pardiwala, and AS Bopanna at the Supreme Court today announced and gives the right for legal abortion to all women married or single.
Elaborating on the orders, the supreme court of India said; “marital status of a female cannot decide their destiny and take away her right to free herself from unwanted/ forced motherhood. All women irrespective of the relationship status are entitled to abort under Medical Termination of Pregnancy Act & rules up to twenty fou weeks of pregnancy.”
Today, 29th September 2022; the final judgement on the MTPAct has has been delivered and it is confirmed that whether a women is unmarried or married can decide for herself incase she wants an abortion or keep the child.
Previously; this year o on 23 August, the bench had put a hold on its decision about the MTP Act provisions which where stating a different situation between married and unmarried women in case of legal right to abortion till 24 weeks of pregnancy.
After a deep thought by the bench of veteran judges, the court came to a conclusion that sexual encounter even by a husband without consent of her wife can lead to unwanted pregnancy and in that case it is a rape. Hence it must include the meaning of marital rape under the MTP Act and Rules for the provision of abortion.
The generic interpretation of rape is sexual intercourse with a man without consent irrespective of marriage or an open relationship.
