According to the Medical Termination Pregnancy Act, abortion has been permitted in India since 1971. The law was changed in 2021 to allow for abortions up to 24 weeks, up from the previous 20 weeks. These categories of women include:
But because unmarried women were not included in the amendments, many people began to wonder why the legislation made distinctions based on marital status.
Rule 3B of the Medical Termination of Pregnancy lays down the categories of women whose pregnancy can be terminated till 24 weeks. As per the rules laid down in the MTP Act, only survivors of rape, minors, women whose marital status changed during pregnancy, mentally-ill women, or women with foetal malformation are allowed to terminate pregnancy. However this does not include unmarried women.
Challenging the Abortion law
The petitioner ‘X’ argued in the high court that “Rule 3B of the Medical Termination of Pregnancy Rules, 2003 is violative of Article 14 of the Constitution of India (Right to Equality), inasmuch as it excludes an unmarried woman.”
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Rule 3B(c) states that a “change in the marital status during the ongoing pregnancy (widowhood and divorce)” renders women eligible for termination of their pregnancy under Section 3(2)(b).
It was held by the top court that ‘A change in material circumstance’ may also result when a woman is abandoned by her family or her partner. When a woman separates from or divorces her partner, it may be that she is in a different (and possibly less advantageous) position financially. She may no longer have the financial resources to raise a child.
Furthermore, Justice Chandrachud, soon to be the Chief Justice of India stated that “The artificial distinction between married and unmarried women cannot be sustained. Women must have autonomy to have free exercise of these rights.”
Impact of the Ruling on Abortion
Reproductive rights advocates applauded the ruling, saying it ensured that the legislation does not discriminate and extends to single women the right to safe and legal abortions. This ruling has a major impact especially after the overruling of Roe v. Wade judgment by the Supreme Court of the USA, which established a constitutional right to abortion.
Judgements affect each other internationally. They have persuasive value over other nations. And this ruling is significant because it affirms a woman’s autonomy over her body and her right to choose whether or not to have children, despite what authorities and legislators may say.
References :
- X v. The Principal Secretary,Health and Family Welfare Department,
Govt. of NCT of Delhi & Anr Civil Appeal No 5802 of 2022 - The Medical Termination Of Pregnancy Act, 1971 (Act No. 34 of 1971)
Source: Medindia
