Editorial: Landmark ruling

At a time when there is widespread outrage in the United States over its Supreme Court’s regressive decision to overturn the federal right to abortion, the Indian judiciary has earned kudos by unambiguously coming out in support of women’s right to reproductive health. In a landmark judgment, the Supreme Court has ruled that all women […]

At a time when there is widespread outrage in the United States over its Supreme Court’s regressive decision to overturn the federal right to abortion, the Indian judiciary has earned kudos by unambiguously coming out in support of women’s right to reproductive health. In a landmark judgment, the Supreme Court has ruled that all women in the country, regardless of their marital status, can undergo abortion. The extension of the right to legal abortion to unmarried and single women is a significant victory for those fighting for women to make their own reproductive choices without interference from the state. The top court’s verdict is in sharp contrast to the US court’s shocking order overturning a 50-year-old Roe v Wade ruling which had guaranteed women’s right to abortion nationwide. One of the signs of any progressive society is the extent of reproductive freedom that women enjoy. The SC bench, comprising Justices DY Chandrachud, JB Pardiwala and AS Bopanna, has rightly concluded that unmarried women have the same rights as their married counterparts. The distinction between married and unmarried women under the abortion laws is artificial and constitutionally unsustainable and perpetuates the stereotype that only married women are sexually active. As per the Medical Termination of Pregnancy Act, women are entitled to safe and legal abortion till 24 weeks of pregnancy. On the issue of marital rape, the Supreme Court has taken the first step towards criminalising it by including marital rape survivors under the definition of sexual assault survivors who are eligible to terminate pregnancies beyond the 20-week deadline in the law.

Access to safe and legal abortion and to quality post-abortion care, especially in cases of complications resulting from unsafe abortions, helps reduce maternal mortality rates, prevent adolescent and unwanted pregnancies and ensure women’s right to freely decide over their bodies. According to nationwide rural health statistics, there is a 75% shortage of qualified gynaecologists and obstetricians in community health clinics in rural areas across India. This will seriously limit the access of women to safe abortion services. Apart from improving healthcare facilities, there is a need to provide a legal support structure for millions of women who do not have access to safe abortion and related care. Though abortion is acknowledged as an important aspect of the reproductive health of women, very few countries like China, Russia, Canada, Australia and South Africa permit abortion on request, mostly up to 12 weeks. As many as 26 countries do not permit abortion while 39 others permit medical termination of pregnancy when the woman’s life is at risk. Over 40% of women of reproductive age live in 125 countries with highly restrictive abortion laws — prohibited altogether, or allowed only to save a woman’s life or to protect her health.

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