Explained | How has the Supreme Court expanded abortion rights?
The HinduThe story so far: On September 29, the Supreme Court ruled that single and unmarried women with pregnancies between 20 and 24 weeks are entitled to access the same safe and legal abortion care as married women. Chandrachud said “the rights of reproductive autonomy, dignity and privacy give an unmarried woman the right of choice as to whether or not to bear a child on a similar footing as that of a married woman.” In another judicial recognition of marital rape, which is not recognised as an offence under the Indian Penal Code, the Court also said sexual assault by a man on his wife can take the form of rape. Taking a “purposive” view of a “beneficial legislation” like the MTP Act, the Court declared that unmarried women be included within the ambit of Rule 3B of the MTP Rules. “In the context of abortion, the right to dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy,” it said. The Court said that the meaning of the words “sexual assault” or “rape” in Rule 3B includes a husband’s act of sexual assault or rape committed on his wife.