A landmark for women’s rights
Hindustan TimesThe Supreme Court on Thursday removed the distinction between married and unmarried women in India’s abortion laws and, for the first time, accorded formal recognition to marital rape, though in the limited context of termination of pregnancy. The court ruled that unmarried women can undergo abortion up to 24 weeks of their pregnancy, bringing them on par with married women. Under the Medical Termination of Pregnancy Act, first enacted in 1971 and amended in 2021, all women can undergo abortion legally for up to 20 weeks, but single women were barred between 20 and 24 weeks, the limit allowed on account of mental anguish, rape and health complications, among others. The court was also correct in diagnosing that the marriage exception was creating misconceptions that termination of pregnancies of unmarried women was illegal, forcing many women to go to unregistered practitioners.