Unmarried Women Under Abortion Law
Source : PIB
GS II : Governance

What is discussed under Unmarried Women Under Abortion Law ?

1. Medical Termination of Pregnancy (MTP) Act
2. SC on the  abortion law for Unmarried Women

Why in News ?

SC denying an unmarried woman the right to safe abortion violates her personal autonomy and the Supreme Court will now interpret the Medical Termination of Pregnancy (MTP) Act and the related rules to see if unmarried women could be allowed to abort a 24-week pregnancy on medical advice.

Key Facts

What is Medical Termination of Pregnancy (MTP) Act 2021?

• • Medical Termination of Pregnancy Act, 1971 was passed with respect to safer abortions and India amended the MTP Act 1971 to further empower women by providing comprehensive abortion care to all.

    

  • Pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device.
  • It allows unmarried women to also terminate a pregnancy for this reason.
  • Opinion for Termination of Pregnancy
    • Opinion of two Registered Medical Practitioner (RMP) for termination of pregnancy of 20-24 weeks of gestation below 20 weeks Opinion of two RMP.
    • Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks.
  • Increased the upper gestation limit from 20 to 24 weeks for special categories of women, including survivors of rape, victims of incest and other vulnerable women.
  • Privacy : A registered medical practitioner may only reveal the details of a woman whose pregnancy has been terminated to a person authorised by law.
    • Violation is punishable with imprisonment up to a year, a fine, or both.
  • Medical Termination of Pregnancy (MTP) Act 1971
    • Only applies for married women.
    • 20 weeks for all.
    • For breaching the confidentiality 10,000 fine will be there.
    • For 12 weeks one RPM opinion and for 20 weeks two RPM opinion required.

SC on the  abortion law for Unmarried Women

• • The need to bring unmarried women at parity with married women with regard to termination of pregnancy under the Medical Termination of Pregnancy (MTP) Act 1971.
  • Distinction between a married and unmarried woman does not bear a nexus to the basic purpose and object which is sought to be achieved by Parliament, which is conveyed specifically by the provisions of Explanation 1 to Section 3 of the Act.
  • Section 3(2)(b) of the Act (which allows termination of pregnancies up to 24 weeks) to unmarried women as well to enable them to terminate pregnancies which are 20-24 weeks old.
  • The word used in the relevant section of the Act is ‘partner’ and not ‘husband’, which clarifies the Legislature’s intent.
  • A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Indian Constitution.

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