After US SC kills abortion rights, Indian SC sets an example

Chandigarh: In a landmark order, the Supreme Court on Thursday ruled that all women – married or unmarried – are entitled to safe and legal abortion till 24 weeks of the pregnancy.

It stated that there is no distinction between married or unmarried women under abortion law in India, which is governed by the Medical Termination of Pregnancy (MTP) Act.

“If Rule 3B(c) of the act is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable. The artificial distinction between married and unmarried women cannot be sustained. Women must have the autonomy to have free exercise of these rights,” a bench led by Justice DY Chandrachud noted.

“The rights of reproductive autonomy give an unmarried woman similar rights as a married woman,” the bench observed.

SC further enlarged the scope of rape for the purpose of abortion in the MTP act. It stated that for the purpose of abortion, the rape will also include marital rape, which otherwise is still not a crime in India.

“Any other interpretation of rape would have the effect of compelling a woman to give birth to and raise a child with a partner who inflicts mental and physical harm upon her,” the bench explained.

It added the misconception that strangers are exclusively or almost exclusively responsible for sex and gender-based violence is a deeply regrettable one.

Human rights lawyer from Chandigarh Navikiran Singh welcomed the verdict. He said unlike the US SC verdict overturning the abortion law, the Indian SC order is right step towards making society more progressive and rationale. It has definitely upheld women’s “right to choice” in matters like reproduction and abortion.

It is a great achievement, especially for a country like India where women still do not enjoy many rights in a patriarchal set-up, he added.

Several netizens reacted positively to the SC order, comparing how the Indian SC’s judgement was a much-needed step especially after US SC in July this year overturned a landmark legal abortion ruling in 1973, often referred to as the Roe v Wade case.

Human rights observers had a view that the Indian SC ruling marks a positive shift at a time when the abortion rights of women continue to be a point of contention across the globe.

SC lawyer and former Congress leader Jaiveer Shergill in a tweet said that SC delivered a historic judgement. The right to say no and the right to own one's body are integral parts of the right to life guaranteed by the constitution. This judgement is a big victory for women's rights.

Many anti-rape activists like Yogita Bhayana are also celebrating the order as the first legal recognition of marital rape in India, even as the SC made it clear that it had enlarged “the scope of rape” only for the purpose of abortion.