Supreme Court with important verdict on abortion and sexual violence by husband. The Supreme Court has said that all women have the right to an abortion, regardless of whether they are married or single. The Medical Termination of Pregnancy Act also applies to sexual harassment by the husband. According to the judgment issued by the bench headed by Justice DY Chandrachud, the harassment of the husband can be considered as rape.
The important judgment of the Supreme Court is on a petition filed by a 24-week pregnant unmarried woman seeking permission for an abortion. The Delhi High Court had denied them permission to have an abortion on the grounds that they were not married. A bench headed by Justice DY Chandrachud ruled that such denial of permission is unconstitutional. The Medical Pregnancy Termination Act does not say that only a married woman has the right to an abortion. Only the woman has the right to decide whether to have an abortion. Denying an unmarried woman an abortion reinforces the traditional common sense that sex is only permitted through marriage. It is not constitutional. The verdict also states that the Constitution also grants unmarried women the right to reproductive self-determination.
The judgment also has an important observation regarding marital rape. A condition for abortion under the Medical Termination of Pregnancy Act is sexual harassment. The judgment makes it clear that sexual harassment by the husband should also be treated as rape under this law and abortion should be allowed. The Supreme Court is considering petitions demanding that the sexual abuse of the husband be considered as a crime of rape. The reference in the judgment that the husband’s sexual harassment should be considered as rape will become a decisive influence in this legal battle.
Supreme Court said that all women are entitled to safe and legal abortion.