All women in India, married or unmarried, have right to safe abortion under law: SC

In an important ruling, India's Supreme Court today said both married and unmarried women are entitled to seek legal abortion of pregnancy up to 24 weeks and there should be no distinction between the two categories on this issue.

The court ruled that exclusion of unmarried women who conceive out of live-in relationship from the Medical Termination of Pregnancy Rules is unconstitutional.

"All women are entitled to safe and legal abortion", the Court said noting that the 2021 amendment to the Medical Termination of Pregnancy Act does not make a distinction between married and unmarried women," a bench of the top court comprising Justices DY Chandrachud, AS Bopanna and JB Pardiwala observed, reports our New Delhi correspondent.

Therefore, including only married and excluding unmarried woman will be violative of Article 14 (equality before law) of the Constitution, it said.

The top court said the distinction between married and unmarried women under the abortion laws is "artificial and constitutionally unsustainable" and perpetuates the stereotype that only married women are sexually active.

The top court was hearing a petition of a 25-year-old single woman whose plea for termination of her 24-week pregnancy was refused by the Delhi High Court.

Pointing to the abortion rights for rape survivors, the apex court said married women may also form part of a class of survivors of sexual assault and rape because it is quite possible that a woman may become pregnant on account of a non-consensual act by the husband.

The bench said pregnancy is the sole prerogative of a woman and the circumstances may vary for each and various economical, cultural or social factors play a part in this.