Supreme Court Order on Legal Abortion

  • The Supreme Court recently held that women, regardless of their marital status, are entitled to safe and legal abortion until 24 weeks of pregnancy.
  • The apex court held that any differentiation between a married or unmarried woman under abortion law was “artificial and constitutionally unsustainable”.
  • It held that abortion for unmarried and single woman whose pregnancies are between 20 to 24 weeks cannot be denied.
  • The Medical Termination of Pregnancy Act, 1971 does not allow abortion for unmarried pregnant women between 20 to 24 weeks after consensual sex.
  • The court held that Rule 3B of the MTP Act is unconstitutional since it deprives unmarried women the right to access safe and legal abortions after 20 weeks if they face a change in their maternal circumstances similar to married women.

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