India’s top court gives equal abortion access to all women

Sep 29, 2022, 5:21 AM | Updated: Oct 1, 2022, 5:08 am

NEW DELHI (AP) — India’s Supreme Court ruled on Thursday that all women, regardless of marital status, can obtain abortions up to 24 weeks into their pregnancies.

Previously, under India’s abortion law, married women could have abortions up to 24 weeks into their pregnancies, but single women were limited to 20 weeks. On Thursday, the court extended the 24-week period to all women.

The judgment was cheered by reproductive rights activists, who said the court had ensured that the law does not discriminate and expands the right to safe and legal abortions to single women.

“Now, all the rights that married women have, single women will also have,” said Aparna Chandra, an associate professor of law at the National Law School of India, who works on reproductive justice. In its judgment, the court “breaks away from the stigma that is attached to single women getting pregnant,” she said.

Abortion has been legal in India since 1971 under the Medical Termination Pregnancy Act. In 2021, the law was amended to allow certain categories of women — including married women who were divorced or widowed, minors, rape victims or mentally ill women — to obtain abortions up to 24 weeks, raising it from the previous 20 weeks. But the changes did not include single women, causing many to question why the law differentiated on the basis of marital status.

“The artificial distinction between married and unmarried women cannot be sustained. Women must have autonomy to have free exercise of these rights,” Justice Dhananjaya Y. Chandrachud said.

The court said denying single women the same access to abortion violated the right to equality before the law under India’s Constitution.

Abortion rights have been a contentious issue across the world, especially after the U.S. Supreme Court in June overturned the Roe v. Wade judgment which had established a constitutional right to abortion in the country.

“Internationally, judgments affect each other — and this is a landmark one because it recognizes a woman’s right over her body and reproductive freedom regardless of what governments and legislatures might say,” said Supreme Court lawyer Karuna Nundy.

The ruling came after an unmarried woman in a consensual relationship was denied an abortion by a lower court in July because she was past 20 weeks in her pregnancy. Later that month, the Supreme Court allowed her to get an abortion up to her 24th week of pregnancy, and on Thursday extended that right to all women.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

(Mike Stocker/South Florida Sun-Sentinel via AP)Credit: ASSOCIATED PRESS...

Associated Press

Florida police search for 3 gunmen who wounded 9 at crowded beach on Memorial Day

Police are responding to a shooting near the beach broadwalk in Hollywood, Florida.

2 days ago

Crew members assemble the main stage ahead of the 2023 Scripps Nations Spelling Bee on Sunday, May ...

Associated Press

Exclusive secrets of the National Spelling Bee: Picking the words to identify a champion

As the final pre-competition meeting of the Scripps National Spelling Bee's word selection panel stretches into its seventh hour, the pronouncers no longer seem to care.

2 days ago

FILE - Gabby Petito's mother Nichole Schmidt, wipes a tear from her face during a news conference o...

Associated Press

Mother of man who killed Gabby Petito said in letter she would help son ‘dispose of a body’

The mother of the man who killed Gabby Petito told her son in an undated letter that she would “dispose of a body” if needed because she loved him so much, according to copies of the note shared publicly for the first time this week by attorneys for Petito's parents.

5 days ago

A member of the 3rd U.S. Infantry Regiment, also known as The Old Guard, places flags in front of e...

Associated Press

5 things to know about Memorial Day including its controversies

Memorial Day is supposed to be about mourning the nation’s fallen service members, but it’s come to anchor the unofficial start of summer and a long weekend of discounts on anything from mattresses to lawn mowers.

5 days ago

FILE - This artist sketch depicts the trial of Oath Keepers leader Stewart Rhodes, left, as he test...

Associated Press

Officers describe chaos, fear on Jan. 6 as judge weighs prison time for Oath Keepers’ Rhodes

Police officers who defended the U.S. Capitol on Jan. 6, 2021, and public servants who fled the mob's attack told a judge on Wednesday that they are still haunted by what they endured, as the judge prepares to hand down sentences in a landmark Capitol riot case.

6 days ago

Pride month merchandise is displayed at the front of a Target store in Hackensack, N.J., Wednesday,...

Associated Press

Target on the defensive after removing LGBTQ+-themed products

Target once distinguished itself as being boldly supportive of the LGBTQ+ community.

7 days ago

Sponsored Articles

...

SANDERSON FORD

Thank you to Al McCoy for 51 years as voice of the Phoenix Suns

Sanderson Ford wants to share its thanks to Al McCoy for the impact he made in the Valley for more than a half-decade.

...

OCD & Anxiety Treatment Center

How to identify the symptoms of 3 common anxiety disorders

Living with an anxiety disorder can be debilitating and cause significant stress for those who suffer from the condition.

(Photo by Michael Matthey/picture alliance via Getty Images)...

Cox Communications

Valley Boys & Girls Club uses esports to help kids make healthy choices

KTAR’s Community Spotlight focuses on the Boys & Girls Club of the Valley and the work to incorporate esports into children's lives.

India’s top court gives equal abortion access to all women