legal and safe abortion for women
In a recent hearing, the supreme court made a judgment that the marital status of a woman cannot be the prerequisite for legal and safe abortion for women.
The verdict came out as a result, of a petition filed by a single woman, who wished to abort her 23-week pregnancy. As it was a 23-week pregnancy, the plea was terminated under Article 3 (2) (a) of the medical termination of pregnancy Act 1971. The woman’s ambit was not covered by the court rule 3B of the MTP rules 2003.
According to this rule, a woman can abort the pregnancy which is between 20 and 24 weeks. This would be subject to certain circumstances and the statute. The supreme court removed the margin of the woman being married or unmarried. The marital status of the woman cannot be the 1st condition for aborting the pregnancy.
From now on, Unmarried women will have the same right to abort as married women. Unmarried women and married will have the equal right to reproduction. The judgment/statement made by the supreme court to abort the baby depends on the woman’s decision to do so.
The Judegement takes what can be done, the married and the unmarried woman get the same right to abortion . Second, it becomes difficult for women who abort their pregnancy under the MTP. The list of such conditions goes on. There is a whole list of non-existing rules and regulation passed down. The women who are survivors of sexual and mental abuse, minor girls, girls with disabilities, women suffering from fetal abnormalities, and women with material change under any circumstance fall under Rule 3B.
The right to abortion was done through the case of Suchita Srivastava vs Chandigarh Administration (2009) which passed the judgment of reproduction anatomy under article 21 of the Indian constitution.
Women irrespective of marital status will have the right to dignified life, equality, and privacy under MTP rights, such as the right to reproduction anatomy. This judgment gives women the scope of education on contraceptives, choice of health, sexual health and wish to have a specific number of children. Anatomy is an integral part of a woman’s life. The statement was already outlined by Justice Chelmshwar in the case of KS Puttaswamy and Anr vs Union of India Judgement.
The judgment did not mention minor issues. The decision came soon after the USA withdrew the constitutional right to abortion in the country.
In the Indian Constitution, section 312 of the Indian penal code states that a woman can terminate her pregnancy between 20 and 24 weeks of the pregnancy.
