SC acknowledges Marital rape, grants abortion right to unmarried women

The Apex court made it very clear that irrespective of married or unmarried a woman has the right to choose for abortion.


Share post:

The Supreme Court gave a massive judgment today. The Apex court (SC) grants abortion right to all women till 24 weeks of pregnancy and acknowledged marital rape.

Adding to that, the Supreme Court entitled a safe and legal abortion process. The Apex court made it very clear that irrespective of married or unmarried a woman has the right to choose for abortion.

The bench consisted of Justice DY Chandrachud, Justice AS Bopanna and Justice JB Pardiwala.

Judgement- SC grants abortion right

The court ruled that under the Medical Termination of Pregnancy Act, marital rape also should be included.

The Court said, “Married women may also form part of class of survivors of sexual assault or rape. Ordinary meaning of the word rape is sexual intercourse with a person without their consent or against their will regardless of whether such forced intercourse occurs in the context of matrimony.”

Added to that the court said that the marital status of a woman cannot be a ground to deprive her of the right of abortion. Moreover,  unmarried women would be entitled to terminate an unwanted pregnancy within 24 weeks.

Unmarried women included

The court felt that there should not be a distinction between married and unmarried women under the abortion laws. It is “artificial and constitutionally unsustainable”. It perpetuates the stereotype that only married women are sexually active.

Furthermore, the judgment said that the consequences of an unwanted pregnancy on women’s body and mind “cannot be understated”. Stressing that the biological process of pregnancy transforms the body of women. The decision to carry pregnancy to full term or terminate it is “firmly rooted under right to bodily autonomy and decisional autonomy of the pregnant women”.

Married women

However, if women with unwanted pregnancies are forced to carry their pregnancies to term, the State would be stripping them of the right to determine the immediate and long term path that their life will take, the judgment added.

The landmark verdict came on a petition by a 25-year-old unmarried woman. The woman had appealed against a Delhi High Court order.  She informed that she is not entitled to abortion under the Act as she was unmarried, and the pregnancy followed a consensual relationship.

ALSO READ: CJI’s son appointed as UP government’s lawyer in Supreme Court

Dr. Ruth Nischala
Dr. Ruth Nischala
Dr. Ruth is an Academician with an experience of 27 + years in the field of education. She is an accomplished Trainer, Speaker, Trained Psychologist and an Author. She loves to capture stories which inspire people to know the truth, while promoting the role of every citizen towards the society. Her visionary perspective earned her a few great opportunities to organize prominent campaigns for NGOs which work for various causes.

Newsletter Signup

Related articles from Tags

Justice Amit Sharma takes oath as permanent Delhi HC Judge

On Sunday, Justice Amit Sharma takes oath as permanent judge at Delhi High Court. Satish Chandra Sharma,...

Vivek Agnihotri apologises unconditionally before the Delhi HC

"The Kashmir Files", filmmaker Vivek Agnihotri submitted an unconditional apology to the Delhi High Court. His apology...

Supreme court releases Nalini Sriharan, India’s Longest serving woman prisoner

Nalini Sriharan, is the longest- serving woman prisoner in India. She is one of the seven convicts...

Watch: 50th CJI Justice D Y Chandrachud Oath-taking ceremony

Justice D Y Chandrachud was appointed as the 50th Chief Justice of India (CJI). He will serve...

Supreme Court frees all convicts of Chhawla Rape case

New Delhi: The Supreme Court on Monday frees three convicts in the 2012 chhawla rape case who were...

Telangana HC gives relief to Hyderabad pubs, removes 10 PM ban.

The Telangana high court (HC)gave relief to the managements of pubs and similar establishments in the city....

Justice D Y Chandrachud to be the 50th Chief Justice of India

Chief Justice of India, U U Lalit has recommended Justice DY Chandrachud as his successor. Justice Chandrachud,...

CJI’s son appointed as UP government’s lawyer in Supreme Court

CJI U U Lalit’s son, Shreeyash Lalit’s appointment was notified on September 21. The Uttar Pradesh government...

Mukul Rohatgi declines Centre’s offer to return as Attorney General

Senior lawyer, Mukul Rohatgi declined the centre’s offer to return as the Attorney general of India. He...

WIFE is “Worry Invited For Ever” for Youngsters- Kerala High Court

Kerala High court slammed youngsters for spoiling the culture in the society and disturbing the sanctity of...

Bilkis Bano case: 11 convicted for life imprisonment released from Godhra Jail

Eleven convicts sentenced to life imprisonment for the 2002 post-Godhra Bilkis Bano gang rape case were released...

CJI N V Ramana recommends senior most judge Justice U U Lalit as his Successor

On Thursday, CJI N V Ramana recommended to the government the appointment of Justice Uday Umesh Lalit...