Supreme Court Decision: Woman's Wish in abortion latest news update 2022
Supreme Court said, all women have the right to safe abortion
Latest Update On 30/09/2022: Women will now have their will in abortion. The Supreme Court on Thursday said in a landmark decision that all women have the right to safe and legal abortion. Whether a woman is married or unmarried, she can have an abortion up to 24 (Twenty Four) weeks of pregnancy. A woman who conceives through a live-in relationship is also entitled to an abortion. The court said that it is unconstitutional to exclude unmarried women from the purview of the Medical Termination of Pregnancy (MTP) Act.
A bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala also observed that married women can also be victims of forced relations by their husbands. In such a situation, marital rape should also be included in the interpretation of the offense of rape so that the real purpose of the MTP Act is fulfilled.
In the judgment, the court said that the womb grows in the body of the woman. This causes many problems. Like back pain, weakness etc. Therefore, the decision to end it is with the woman itself. If the government forces her to keep the unwanted pregnancy then it is an attack on her dignity.
The bench said that the law should be interpreted that it applies only to the married woman. This means unmarried women do not engage in sexual activities. It is not constitutionally sustainable. There cannot be discrimination like this. Women should be free to exercise these rights freely.
Verdict on petition of 25-year-old unmarried
The bench gave this decision on the application of 25-year-old unmarried. The woman had sought permission to abort the 24-week pregnancy. The Delhi High Court had rejected its application on July 16. The woman had become pregnant due to a consensual relationship.
Do not Reveal Identity
The court said that the identity of the minor victim of sexual assault should not be disclosed to the doctor and police reporting. It is not necessary to disclose the identity of the minor covered under MTP. The court said that it is necessary in section 19 of the POCSO Act, but we are eliminating this requirement.
- All women will now be able to have an abortion for 24 weeks
- Permission for 20 weeks was for unmarried and widowed
- The bench said, if the wife becomes pregnant due to forcible relationship, then she is entitled to abortion.
What does the MTP Act say
Under the MTP Act, a married woman is allowed to have an abortion up to 24 weeks of pregnancy. Rape victims, differently-abled and minors are allowed to have abortions in a special category. At the same time, unmarried and widows can get an abortion only up to 20 weeks of pregnancy, who have a consensual relationship. After the decision of the top court, all can get an abortion up to 24 weeks of pregnancy.
Post a Comment