India's Top Court Extends Abortion Rights to All Women, Removes Marital Distinction

India was one of the first countries in the world to legalize abortion under the Medical Termination of Pregnancy (MTP) Act in 1971. The act has since been amended, but still differentiated between married and unmarried women, with the former able to terminate up to 24 weeks and the latter 20 weeks.

In a landmark verdict, the Supreme Court of India ruled on Thursday that all women are entitled to legal and safe abortion up to 24 weeks into their pregnancy, irrespective of their marital status.

The three-justice bench led by Justice D.Y. Chandrachud and Justices A.S. Bopanna and J.B. Paridwala decided that the distinction between married and unmarried status is artificial in nature, claiming that only married women indulge in sexual activities.

“The marital status of a woman cannot be a ground to deprive her of the right of abortion,” the top court ruled.

Previous statute differentiated between married women, rape victims and minors on the one hand, who could terminate up to 24 weeks into their pregnancy, and unmarried women on the other who were limited to be able to terminate up to 20 weeks into the process.

In July, a 25-year-old woman filed a termination of pregnancy petition with the Supreme Court after the Delhi High Court turned down her plea. The woman had a consensual relationship with her partner, but when he turned down her marriage proposal, she discovered her pregnancy at about 22 weeks.

“The MTP Act needs to be fine-tuned according to the social realities and demands of the time,” the bench noted.