Noting that distinction between married and unmarried perpetuates stereotype that only married women are sexually active, the Supreme Court has said such distinction under abortion laws is artificial, constitutionally unsustainable.
The Supreme Court said all women, married or unmarried, are entitled to safe and legal abortion till 24 weeks of pregnancy under the Medical Termination of Pregnancy Act.
The three-judge bench led by Justice Chandrachud, also recognise marital rape, though purely within the ambit of abortion. The court ruled that under the Medical Termination of Pregnancy Act, the definition of rape must include marital rape.
The bench, on August 23, had reserved its verdict on interpretation of the MTP Act provisions which makes a distinction between married and unmarried women on the issue of abortion till 24 weeks of pregnancy.
Also watch: Abortion legal in India, but is it a Constitutional Right Of A Woman?