Abortion rights | live law | marital rape law | MTP Act | MTP Law | What is MTP Law | Medical termination of pregnancy act | MTP Act India | Abortion In India | Latest update on MTP Act
Supreme Court ruled
out in a judgement on Thursday that all women are now safe against forceful
pregnancy, despite of the fact being married or unmarried upto 14-24 weeks.
India has been a country in which women have suffered a lot over decades. Practices such as dowry, female foeticide, marital rape, no girl child education etc are still present in many parts of our country and performed illegally.
However, our Government has been trying best to stop these practices completely by passing out many rules from time to time against these practises.
What is MTP Act?
One such law is MTP Law (Medical Termination Of Pregnancy) which was passed on April 1, 1971 under which abortion in India has been legalised in various circumstances. Further, there has been amendments in this this law again in 2022 to facilitate better implementation and to increase access for women specially in private health sector such as women being allowed to seek safe abortion services in case of contraceptive failure, increase in gestation period upto 24 weeks for special categories of women and opinion of 1 abortion service provider required upto 20 weeks of gestation.
Till now MTP Act was applicable only for married women, rape survivors, differently abled women or girls falling under the category of a minor.
What is the latest update on MTP Act?
The Supreme Court on Thursday however stated that “Marital Rape” should also be concerned as a offense to be claimed for “Medical Termination Of Pregnancy”.
“Marital Rape” means a forceful sexual intercourse without the consent of the women, and this case the women may also get forcefully pregnant.
The descsion was yet to be cleared if unmarried women will also get a right to have a safe abortion upto 24 weeks in case of a consensual relationship. Supreme Court stated the fact that on Thursday that with the change in social life, the law cannot remain static and needs to be change. As live in relationships are already been recognised by the court as legal, so the MTP law should be get amended.
Latest update on this law came on Thursday 29th September, that distinguishing on base of married or unmarried will be unconstitutional and all women in India whether married or unmarried will now have a right to safe & legal abortion upto 20-24 weeks.
“A women’s right to reproductive choice, is an inseparable part of her personal liberty. Denying unmarried women to have a safe abortion is violates her personal well being and freedom: Supreme Court said.
The new amendments made in MTP law, clearly suggest that all women in India married/unmarried should have a freedom to seek abortion upto 24 weeks in case of forceful pregnancy, even if it is a agreed relationship of past or present from both the partners.
It will ultimately the choice of women at last, to continue or not with her reproductive gestation period as the baby relies on the female body to develop so it will be only her choice. The right to reproductive anatomy will be a of a great help for survivors of forceful intercourse in a marriage or live-in relationship.
Why MTP Act is changed?
This latest amendment to MTP Act arose when a 25 year approached Delhi High Court, asking for termination of her pregnancy of 23 weeks and 5 days, that though she had a consensual relationship with her live-in partner but she is unmarried right now and the man has now refused to get marry to her. She stated that she could not give birth to the child as she is still unmarried. But at that time, she was refused from court as pregnancy of unmarried women from a consensual relationship was not covered under MTP law rules, 2003.
She then approached the Supreme Court , and on 21st July 2022 the court issued order suggesting that the woman can abort her pregnancy ,subjected to medical board by AIMS Delhi, that foetus can be aborted without the risk to the life of the woman.
The Supreme Court showed the expression that “change in marital status” must be given a concern and the bench comprising of justice DY Chandrachud, Surya Kant and AS Bopanna took into into the account that ammendements in MTP Act 2003, which is now substituted from the word “husband” to “partner” so that unmarried women can also get benefit from this law under today’s social circumstances.
The order stated as :-
There is no basis to deny unmarried women the right to medically
terminate the pregnancy, when the choice is available to other categories of
women.
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