In a landmark judgment, the Supreme Court said last week that every woman in the country, no matter if she is married or unmarried, should have the right to seek a safe and accessible abortion or termination of pregnancy.
This comes just as the United States Supreme Court has scrapped the right to abortion in several states in the country, sparking a major debate over pro-life and pro-choice groups. As opposed to the abortion laws in the US, India offers all adult women the right to seek an abortion under certain conditions.
As per the Supreme Court, all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.
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.
Can unmarried women seek abortion in India?
According to the recent Supreme Court verdict, all adult women in India, no matter if they are single or married, will have the right to seek a safe abortion through a medical expert till up to 24 weeks of pregnancy, as stated by the Medical Termination of Pregnancy Act (MTP).
Earlier, only married women were allowed to get the pregnancy terminated, according to Indian law. After the amendments made in 2021, unmarried women can now seek safe abortion services on grounds of contraceptive failure, among other issues.
What is the MTP Act of India?
According to the Medical Termination of Pregnancy Act of 1971, and an amendment made in the act in 2021, a woman in India is allowed to terminate her pregnancy under certain specified conditions, which include pregnancy by sexual abuse, failure of contraceptives, medical issues, and many others.
The MTP Act also grants confidentiality to the person who is getting their pregnancy terminated. As per the law, the details of the woman whose pregnancy has been terminated to a person authorized by law, and any violations of this can be punishable by law.
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