New Delhi: The Supreme Court has empowered all women, married or unmarried, to have a safe and legal abortion up to 24 weeks of pregnancy, under the Medical Termination of Pregnancy (MTP) Amendment Act 2021. Justice D.Y Chandrachud, Justice J.J. B. Pardiwala, and Justice A. s. A bench of Bopanna, while ruling on the interpretation of the MTP Act, said that whether a woman is married or unmarried, she can get an abortion up to 24 weeks of pregnancy.
The Supreme Court has made it clear that all women have the right to safe, lawful abortion. Not only married, but unmarried women can also get an abortion up to 24 weeks, that is, women who have become pregnant through live-in relationships and consensual relationships will also be able to get an abortion.
The court has given the verdict interpreting the provisions of the Medical Termination of Pregnancy (MTP) Amendment Act, 2021. The court made it clear that the interpretation of this law cannot be limited to married women only. The Supreme Court has said that if a married woman becomes pregnant without her consent, it should be treated as rape under the Medical Termination of Pregnancy Act and thus she will have the right to an abortion.
Let us tell you that the issue of bringing marital rape under the purview of crime is still pending in the Supreme Court. According to today’s decision, only under the MTP Act, marital rape will also be included in the rape, that is, by alleging it, a married woman will be able to get an abortion, but the husband will not be prosecuted.
What were the Key Provisions of the MTP Amendment Act, 2021:
- Termination due to Failure of Contraceptive Method or Device:
- Under the Act, a pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of a contraceptive method or device. It allows unmarried women to also terminate a pregnancy for this reason.
- Opinion Needed for Termination of Pregnancy:
- Opinion of one Registered Medical Practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.
- Opinion of two RMPs for termination of pregnancy of 20-24 weeks of gestation.
- The opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.
