Supreme Court with an important ruling on abortion and sexual abuse by a husband. The Supreme Court has said that every woman has the right to an abortion, whether married or single. The Medical Termination of Pregnancy Act also applies to sexual harassment by the husband. According to the judgment issued by the bench headed by Justice DY Chandrachud, the harassment of the husband can be considered rape.
The Supreme Court’s landmark judgment on a petition filed by an unmarried woman pregnant for 24 weeks seeking permission for an abortion. The Delhi High Court had denied them permission to have an abortion on the grounds that they were not married. A bench headed by Justice DY Chandrachud ruled that denial of such permission was unconstitutional. The Medical Termination of Pregnancy Act does not say that only a married woman has the right to an abortion. Only the woman has the right to decide if she wants to have an abortion. Denying an unmarried woman an abortion reinforces the traditional common sense that sex is only permitted through marriage. It is not constitutional. The ruling also states that the Constitution also grants unmarried women the right to reproductive self-determination.
The judgment also has an important comment regarding sexual violence. A condition for abortion under the Medical Termination of Pregnancy Act is sexual harassment. The judgment makes it clear that sexual harassment by the husband should also be treated as sexual violence under this law and that abortion should be allowed. The Supreme Court is considering petitions demanding that the sexual abuse of the husband be considered a crime of rape. The reference in the judgment that the sexual harassment of the husband should be considered as rape will become a decisive influence in this legal battle.
The Supreme Court said that every woman has the right to a safe and legal abortion.
