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Source– The post is based on the article “We have come a long way on abortion rights in India” published in the Live Mint on 12th October 2022.
Syllabus: GS2- Fundamental rights. GS1- Social empowerment
Relevance- Women and related issues
News- The article explains the decision by the Supreme Court that allows unmarried women to terminate pregnancy between 20 and 24 weeks under Medical Termination of Pregnancy Act, 1971.
Earlier Delhi High Court dismissed the plea of a single woman to terminate her 23 weeks pregnancy. It observed that single women are not included under the ambit of rule 3B of MTP Act, 1971. Rule 3B allows termination of pregnancy between 20 and 24 weeks.
What are key takeaways of the judgement?
It puts married and unmarried women on equal footing. It includes different categories of women like survivor of rape, women with physical disability, minor girls, women suffering from foetal abnormalities under the ambit of rule 3B of MTP Act to avail abortion services.
It recognizes the right to reproductive autonomy, right to dignified life and right to privacy of women under MTP Act. It reaffirms the SC decision in Suchita Srivastava case vs Chandigarh Administration case that places the right to reproductive autonomy under Article 21.
It says that prohibition on unmarried women to have safe abortion services between 20-24 weeks is violation of right to equality under Article 14.
It addresses the discriminatory behavior of doctors against single women. It gives suggestive directions to doctors to refrain from imposing extra-legal conditions like consent of the family, authorization of courts etc.
It addresses the social stigma related to sexual intercourse by single women. It precludes the law from narrow patriarchal principles.
