The Supreme Court of India made a significant leap forward in women's healthcare this week by granting
access to safe and legal abortion to single, unmarried women whose pregnancy duration is between 20 to
24 weeks. The Medical Termination of Pregnancy Act of 1971, which has been in effect for 51 years, was
completely repealed by the bench headed by Justice DY Chandrachud, eliminating the erroneous distinction
between married women and other abortion seekers. It has huge importance so far the social transformation
is concerned especially in India's context.
Even under 24-week window, unmarried women are not able to obtain an abortion lawfully under
existing law. When it came to medically ending pregnancies, the legislation had thus created an unjust and
false binary between married women and others, and had regrettably given legal legitimacy to the widely
held notion that pregnancy can only be the result of conception.
Even in the global north, the legislation operated against many other nations since it prevented single or
unmarried pregnant women from being forced to have unsafe and illegal abortions, which increased the
risks to their overall health and wellbeing and in the field of reproductive healthcare in particular.
Besides the hazards, getting such abortions was a humiliating and dishonourable experience.
In the field of women's reproductive health, the cruel reality is that single, unmarried women, frequently
of young age, do become pregnant and require safe, legal abortion care.
They can now obtain it thanks to the SC's intervention.
However, this does not imply that once the SC bench rendered its decision, the circumstances on the
ground would go in their favour.
Invoking both Article 21 and Article 14 of the Constitution, Justice Chandrachud explained that the
concept of reproductive autonomy was at the core of the Supreme Court's ruling. This is a message from
the “poor” world to the “developed” United States, whose top court removed abortion rights and the freedom
of women to choose whether or not to carry their pregnancies to term in June of this year by reversing the
important Roe v. Wade ruling from 1973.
According to sources, at least 20 states immediately moved to restrict access to abortion with varied
periods of the pregnancy after just one act made it possible for states to outlaw abortions. The 1970s had
seen a global revolt with feminist movements.
Feminist groups had sparked a global revolt in the 1970s, calling for greater autonomy for women over
their bodies.
Indian courts advanced the expansion of autonomy; regrettably, the US lagged far behind.
