Even a single woman can have an abortion up to the 24th week of pregnancy just like married women
India’s Supreme Court ruled today that a woman cannot be barred from having an abortion before the 24th week of pregnancy simply because she is single, a decision welcomed by women’s rights activists.
“Even an unmarried woman can undergo an abortion up to the 24th week of pregnancy, just like married women,” said Justice DY Chandrachud of India’s Supreme Court, stressing that the fact that a woman is not married does not give her deprives the right to abortion.
A 1971 law restricted the right to abortion to married, widowed, divorced and minor women, to “those suffering from a disability or mental retardation” but also to those who were victims of sexual assault or rape.
Today’s decision was taken following a legal action by a woman who alleged that she became pregnant while in a consensual relationship, but decided to terminate her pregnancy when she divorced.
The decision is a turning point for women’s rights in India, activists said.
“A huge step forward,” MP Mahua Moitra commented on Twitter.
A huge step forward – SC allows abortion upto 24 weeks regardless of marital status – says to do otherwise will be violative of Article 14.
Thank you MiLords!
— Mahua Moitra (@MahuaMoitra) September 29, 2022
The court added that sexual assault within marriage can be considered rape. The Indian penal code does not criminalize marital rape, but efforts are being made to change this.
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