All women, married or unmarried, entitled to safe and legal abortion till 24 weeks of pregnancy, rules SC

New Delhi, September 29

The Supreme Court on Thursday ruled that all women are entitled to safe and legal abortion and that the distinction between married and unmarried women in this matter is unconstitutional.

The Apex court said, unmarried women are also entitled to seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship.

A three-judge bench headed by Justice D.Y. Chandrachud also ruled that under the Medical Termination of Pregnancy Act, the definition of rape must include marital rape.

The Apex Court ruled that a woman’s marital status cannot be used to deny her the right to abortion, while also ruling that unmarried women have the right to terminate an unwanted pregnancy within 24 weeks. The court said depriving single or unmarried women of the right to abort an unwanted pregnancy is a violation of fundamental rights.

The Bench had reserved judgment in the case on 23rd of August.