New Delhi, 29 September: The Supreme Court has said that every woman has the right to safely and legally remove the fetus. A bench headed by Justice DY Chandrachud said that every woman, whether married or unmarried, has the right to remove a fetus between 20 and 24 weeks. An unmarried woman also has the right to remove her fetus safely and legally.
The court said that the law cannot remain static with the changing of the society. The reality of the society should be reflected while interpreting the MTP Act, there should be no difference between married and unmarried women.
The court said that unsafe abortions can be avoided. The mental state of a pregnant woman should also be taken care of. The court said that even a married woman can be a victim of rape, she can also get pregnant with her husband without any intentional relationship.
The court said the need to prove rape would be against the goal of the MTP Act. The court said that the POCSO Act and the MTP Act have to be seen together.