Abortion for Unmarried Women in India
The Supreme Court of India has recently passed a progressive & landmark judgment on 29.09.2022 in SLP No. 12612/2922 in the matter titled as X v. Govt NCT of Delhi & Ors (2022) for the abortion rights of unmarried women up to 24 weeks which will further fulfil the object & purpose of The Medical Termination of Pregnancy (hereinafter MTP) Act, 1971. The said judgment is progressive in many ways as it has eliminated many grey areas in law. This historical judgment will make a direct & positive impact on the fundamental right of reproduction of unmarried or single women in India.
Now, any single or unmarried women can terminate/abort her unwanted pregnancy up to 24 weeks without requiring consent of parents, spouse or partner in any registered centre approved by Government. She has to carry her Id Proof (Aadhar Card), Ultrasound Scan & Report only for termination of her unwanted pregnancy. Only her consent would prevail for termination of pregnancy. The doctors cannot compel the women to bring spouse/partner/parents before termination of pregnancy.
Thus, the Supreme Court has given absolute reproductive autonomy & right to choose to the pregnant women. It’s her body and her choice whether to continue the pregnancy of not. No one can interfere in the said fundamental right of the women. Nonetheless, the prevailing discrimination for the past 51 years between married and unmarried women pertaining to the right of reproduction has also been removed and the Supreme Court has brought the unmarried or single women at the same pedestal with married women.