In
a signiificant development the Supreme Court ruled that denying abortion
rights to unmarried women who conceive out of a live-in relationship under the
Medical Termination of Pregnancy Rules is unconstitutional, on
Thursday.
"All
women are entitled to safe and legal abortion", the court observed.
"If
Rule 3B(c) is understood as only for married women, it would perpetuate the
stereotype that only married women indulge in sexual activities.This is not
constitutionally sustainable.The artificial distinction between married an
women cannot be sustained. Women must have autonomy to have free exercise of
these rights", Justice Chandrachud said.
Section 3(2)(b) of the MTP Act allows women to undergo abortion after 20-24
weeks. Therefore, including only married and excluding unmarried woman will be
violates Article 14 of the Constitution, the court noted.
"The
rights of reproductive autonomy give an unmarried women similar rights as a
married women", the Court added.
The Supreme
Court bench led by Justice DY Chandrachud, in the same judgment, also ruled
that the meaning of rape must include "marital rape" for the purpose
of the Medical Termination of Pregnancy Act and Rules.
According
to the court ruling, married women, who conceived out of forced sex by their
husbands, will also come within the ambit of "survivors of sexual assault
or rape or incest" mentioned in Rule 3B(a) of the Medical Termination of Pregnancy
Rules.
"Married
women may also form the part of the class of survivors of sexual assault or
rape. The ordinary meaning of the word rape is sexual intercourse with a person
without consent or against their will. Regardless of whether such forced
intercourse occurs in the context of matrimony, a woman may become pregnant as
a result of non-consensual sexual intercourse performed upon her by her husband,"
Justice Chandrachud said while reading out from judgment.
However, the court also noted, "The meaning of rape must therefore be
understood as including marital rape solely for the purpose of the MTP Act and
any other rules and regulations ramed thereunder. Any other interpretation
would have the effect of compelling a woman to give birth to and raise a child
with a partner who inflicts mental and physical harm upon her."
The
case came up when a 25-year-old unmarried woman approached the Delhi High Court
to get her pregnancy of 23 weeks and 5 days terminated. The women had appealed
to the court that the pregnancy came out of consensual relationship, but she
can't keep the fetus as her partner had refused to take responsibility.
However,
a division bench of Delhi High Court comprising Chief Justice Satish Chandra
Sharma and Justice Subramonium Prasad had refused interim relief to her.
The
High Court had observed that unmarried women, whose pregnancy arose out of a
consensual relationship, are not covered under the Medical Termination of
Pregnancy Rules, 2003.
On
August 23, a bench comprising Justices D.Y. Chandrachud, A.S. Bopanna and J.B.
Pardiwala had reserved judgment in the case.