Justice DY Chandrachud of the Supreme Court of India today held that unmarried women are also entitled to seek abortion of pregnancy in the term of 20-24 weeks arising out of a consensual relationship. The Supreme Court in its verdict given today held that "Woman alone has right over her body"

The Court also held that the meaning of Rape must be held to include "Marital Rape" for the purpose of the Medical Termination of Pregnency Act and Rules. The Court also held that wives who conceived out of forced sex by their husbands would also come within the purview of "Survivor of sexual assault or rape or incest" as mentioned in Rule 3B(a) of the MTP Rules. So far as the criminalization of Marital Rape is concerned, the Court held that this issue is pending in another case.

The Court held that All women married or not are entitled to a safe and legal abortion process. The Court held that distinction under the MTP Act with regard to married and unmarried women is unconstitutional. It violates the right to equality. 

The Court held that distinction "artificial and constitutionally unsustainable"- Premature the stereotype that only married women indulge in sexual activities. Right of Productive autonomy gives similar rights to an unmarried woman.

"It is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion," the court stated categorically in the 75-page judgment. “Be it as significant as choosing the course of one's life or as mundane as one's day-to-day activities... [choice] forms a part of the right to dignity. It is this right which would be under attack if women were forced to continue with unwanted pregnancies.” The Court held.

The Court held that "A woman can become pregnant by choice irrespective of her marital status. In case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake."

While challenging misogyny the court held that  "based on narrow patriarchal principles about what constitutes 'permissible sex'". "A woman is often enmeshed in complex notions of family, community, religion, and caste," it noted. “In the evolution of the law towards a gender equal society, interpretation of MTP Act and MTP Rules must. not be restricted by societal norms of an age which has passed into the archives of history.”

The Bench also held very clearly while seeking abortion in case of rape, "the woman need not necessarily seek recourse to formal legal proceedings to prove the factum of sexual assault, rape or incest".

Case Details:-

Civil Appeal No 5802 of 2022
(Arising out of SLP (C) No 12612 of 2022)
X ... Appellant
versus
The Principal Secretary,
Health and Family Welfare Department,
Govt. of NCT of Delhi & Anr. …Respondents

Read the Complete Judgment:-

https://main.sci.gov.in/supremecourt/2022/21815/21815_2022_2_1501_38628_Judgement_29-Sep-2022.pdf