Zoom News : Sep 29, 2022, 04:00 PM
Abortion Rights: The Supreme Court has given a big decision regarding the right to abortion. The court has also given the right of abortion to unmarried women up to 24 weeks. The Supreme Court has expanded Rule 3-B of the Medical Termination of Pregnancy Rules. The Supreme Court has also said that if the pregnancy of a married woman is against her will, then considering it as rape, she should also be allowed to have an abortion.Till now the right of abortion was only for married women for pregnancy more than 20 weeks and less than 24 weeks. The court has considered it against the right to equality. What did the Supreme Court say in the case of marital rape?The Supreme Court said that prohibiting single or unmarried pregnant women having a pregnancy between 20-24 weeks from abortion and allowing married women to have an abortion in such a situation is violative of Article 14 of the Constitution. Along with this, the court has said that the pregnant wife will also be able to get an abortion due to the coercion of the husband.Key points of the Supreme Court's decision
- Now unmarried women have also got the right to abortion up to 24 weeks from the Supreme Court. SC has extended Rule 3-B of Medical Termination of Pregnancy Rules.
- The Supreme Court has recognized marital rape or marital rape, which has long been a matter of legal debate, in cases of abortion.
- The court has said that if a woman has become pregnant due to the coercion of her husband, then she should also have the right to get an abortion up to 24 weeks.
- If a married woman's pregnancy is against her will, then considering it as rape, she should be allowed an abortion.
- A hearing is pending in the Supreme Court on whether the husband's forcible relationship with the wife should be considered a punishable offense by giving it the status of rape. The court has issued notice to the central government on this. The matter is to be heard in February, 2023.
- The court said that the purpose of section 3(2)(b) of the MTP Act to allow a woman to have an abortion after 20-24 weeks, therefore, leaving only a married and unmarried woman would be violative of Article 14 of the Constitution.
- If Rule 3b(c) is understood to be for married women only, it would perpetuate the stereotype that only married women engage in sexual activity. It is not constitutionally sustainable.
- If the state forces a woman to have unwanted pregnancies for the entire term, it will be an insult to her dignity.
- If an unmarried girl has become pregnant with her live-in partner and the partner leaves her, then the girl cannot be compelled to give birth to a child.
- The Supreme Court ruled that it is unconstitutional to exclude unmarried women from live-in relationships by Medical Termination of Pregnancy Rules (MTP).