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All women, married or unmarried, entitled to have safe abortion, says Supreme Court

The Apex court also said that the marital status of a woman can’t be the ground for depriving her of the right to abort.

New Delhi: In a landmark judgement, the Supreme Court on Thursday upheld the women’s right to a safe abortion and said that all women, married or unmarried are entitled to seek abortion of pregnancy in the period upto 24 weeks.

The court said that excluding unmarried women, who conceive out of live-in relationship, from terminating their pregnancy is unconstitutional.

The Apex court also said that the marital status of a woman can’t be the ground for depriving her of the right to abort.

“The marital status of a woman can’t be ground to deprive her right to abort an unwanted pregnancy. Single and unmarried women have the right to abort under the Medical Termination of Pregnancy Act and rules till 24 weeks of pregnancy,” the court said.

The court said that depriving unmarried women of the right to abort pregnancy marks violation of their fundamental rights.

“Prohibiting single or unmarried pregnant women with pregnancy between 20-24 weeks from accessing abortion while allowing married women would fall foul of the spirit guiding Article 14,” the court said in its ruling.