New Delhi: Forcible pregnancy of a married woman can be considered rape under the Medical Termination of Pregnancy Act. The Supreme Court has given this order while hearing a case today i.e. on Thursday (September 29). Abortion rules have been laid down under the Medical Termination of Pregnancy Act. Hearing this, the court said that like married women, unmarried women can also have abortions for up to 24 weeks without anyone's approval. During this time, the court clearly said that whether married or unmarried women, everyone has the right to safe abortion.  

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The Supreme Court has given this important decision regarding the right of women to pregnancy and body. A bench headed by Justice DY Chandrachud said, "Married women can also be rape victims. Rape means that having a relationship without consent and brutality by the partner is a fact. In such cases, the woman can also become forcibly pregnant.'' The court said that if a married woman is pregnant due to forced sex, then it can also be considered rape. The court further said, "Any pregnancy in which the woman says that it has happened forcibly can be considered as rape.'' 

A bench of Justices S Bopanna and JP Pardiwala referred to the MTP Act and said that even an unmarried woman can terminate an abortion for a period of 24 weeks without anyone's permission. As per the existing rules, divorced, widowed women cannot undergo abortion after 20 weeks. At the same time, there is a rule to allow abortion for other women up to 24 weeks. To this, the court said the law cannot classify on narrow grounds. Whether the pregnancy remains or the abortion is done, it is a matter related to the woman's right over her body. 

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The court has clearly said that taking away this right from the woman is like crushing her dignity. The apex court's verdict came while hearing a petition filed by a 25-year-old single woman. The woman was 24 weeks pregnant and the Delhi High Court did not allow her to undergo an abortion. The high court had said that she can give this child to someone for adoption. However, on July 21, the Supreme Court had given relief to the young woman, in this case, saying that if she is in a position to have an abortion medically, then it can be done. Then the court also said to consider the Medical Termination of Pregnancy Act, under which there are separate provisions for married and unmarried women.

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