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LATEST NEWS UPDATES | All women are entitled to safe, legal abortions: Supreme Court -GS Mudur

All women are entitled to safe, legal abortions: Supreme Court -GS Mudur

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published Published on Sep 30, 2022   modified Modified on Sep 30, 2022

-The Telegraph

SC says meaning of ‘rape’ must be understood as including marital rape, solely for the purposes of the MTP Act

The Supreme Court on Thursday declared that all women, married and unmarried, are entitled to safe and legal abortions till 24 weeks of gestation under India’s Medical Termination of Pregnancy Amendment Act, 2021.

The apex court also held that the meanings of the expressions “sexual assault” and “rape” under the rules of the 2021 act included a husband’s act of sexual assault or rape on his wife.

The court said the meaning of “rape” must be understood as including marital rape, solely for the purposes of the MTP Act. A different bench is hearing an independent challenge to an “exception” in the Indian Penal Code that does not define forcible sex by a man on his wife as rape.

The bench of Justices D.Y. Chandrachud, J.B. Pardiwala and A.S. Bopanna said the rights of reproductive autonomy, dignity and privacy give an unmarried woman the right of choice whether or not to bear a child on a similar footing as a married woman.

Doctors and women’s rights advocates applauded the judgment. Some said it could help make the country’s abortion regime “more liberal and pro-women”; others cautioned that safe abortion facilities remained inaccessible to large proportions of women in India.

Whether married or unmarried, women could under the MTP Act of 1971 seek abortion up to 20 weeks of gestation. The MTP Amendment Act, 2021, extended the right to 24 weeks for certain categories of women in certain circumstances, listed in Rule 3(B).

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The Telegraph, 30 September, 2022, https://www.telegraphindia.com/india/all-women-are-entitled-to-safe-legal-abortions-supreme-court/cid/1889538


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