All Women have Right to Safe and Legal Abortion: SC

Why in the news?

Recently, the Supreme Court extended the right to safe and legal abortion up to 24 weeks of pregnancy to unmarried and single women.

• Now, all women in the country, regardless of marital status, can undergo an abortion up to 24 weeks into pregnancy.

Key Points:

Background: 

• Rule 3B of the Medical Termination of Pregnancy Rules, 2003 allows certain categories of women to seek termination of pregnancy between 20-24 weeks under certain extraordinary circumstances.
• The challenge to the provision was made in July 2022 by a 25-year-old unmarried woman who moved the court seeking an abortion. 

SC’s Ruling: 

•  Right to safe and legal abortion: The Court allowed the right to safe and legal abortion up to 24 weeks of pregnancy to unmarried and single women.
  • The Medical Termination of Pregnancy Act of 1971 and its Rules of 2003 prohibit unmarried women who are between 20 weeks to 24 weeks pregnant to abort with the help of registered medical practitioners.
• Perpetuate the stereotype: It would perpetuate the stereotype and socially held notion that only married women indulge in sexual intercourse, and that consequently, the benefits in law ought to extend only to them.
• not constitutionally sustainable: The artificial distinction between married and single women is not constitutionally sustainable. 
  • The benefits in law extend equally to both single and married women.
• Article 21 of the Constitution: It recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake.
• On marital Rape: The Court said that the meaning of rape must include marital rape for the purpose of the MTP Act.

How did abortion laws come about in India?

• In 1960s high number of induced abortions were taking place in India.
• In response, the Union government constituted the Shantilal Shah Committee to deliberate on the legalisation of abortion in the country. 
• In order to reduce maternal mortality owing to unsafe abortions, the Medical Termination of Pregnancy (MTP) Act was brought into force in 1971. 

The Medical Termination of Pregnancy (MTP) Act 1971:

• The MTP Act allowed termination of pregnancy by a medical practitioner in two stages.

• For termination of pregnancy up to 12 weeks from conception, the opinion of one doctor was required.
• For pregnancies between 12 and 20 weeks old, the opinion of two doctors was required

Medical termination of pregnancy (Amendment) ACT 2021

• The latest amendment to the MTP Act 1971 was made in 2021. 
• Under the Medical Termination of Pregnancy (Amendment) Act, 2021, abortion is permitted after medical opinion under stipulated circumstances. 
• The 2021 Act increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from 20 weeks permitted in the 1971 Act. 
• Another major amendment was that MTP could now be accessed on the opinion of a single registered medical practitioner up to 20 weeks of the gestational age. 
  • From 20 weeks up to 24 weeks, the opinion of two registered medical practitioners is required. 
• The following categories of women shall be considered eligible for termination of pregnancy for a period of 24 weeks:
  • Survivors of sexual assault or rape or incest;
  • Minors;
  • Change of marital status during the ongoing pregnancy (widowhood and divorce);
  • Women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016
  • Mentally ill women including mental 
  • The foetal malformation that has a substantial risk of being incompatible with life.
  • Women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.