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  • Experts on why Supreme Court’s decision allowing abortion to all married and unmarried women is important

Experts on why Supreme Court’s decision allowing abortion to all married and unmarried women is important

Mike SternSeptember 29, 2022

all women, regardless of their marital statusare entitled to safe and legal abortion, the Supreme Court ruled on Thursday. The Supreme Court of the country in a landmark judgment held that the rights available to married women under the Medical Termination of Pregnancy Act, 1971, to abort the fetus Unmarried women will also get the facility “If Rule 3B(c) is deemed to apply only to married women, it will perpetuate the stereotype that only married women are included. sexual activity, It is not constitutionally sustainable,” said a bench headed by Justice DY Chandrachud.

It states that “artificial distinction” between married and unmarried women cannot be maintained, and that women should have the autonomy to exercise these rights freely.

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Important decision came after months US Supreme Court overturns historic 1973 Roe v Wade decision In a 6-3 decision that made abortion a constitutional right in the country. Thus, the ruling marks a positive change at a time when women’s abortion rights continue to be the subject of controversy around the world.

Describing this as “important”, Dr Chitra Ramamurthy, Senior Consultant and Infertility Specialist, Apollo Hospitals, Bengaluru said, “Safe abortion practices have been a concern in our country, and with this decision, we are addressing the associated morbidity and mortality.” can expect a reduction in the rate of unsafe abortion practices.”

“A good health policy along with personal preference should equally be respected in the rising times. Nevertheless, awareness about contraceptive measures and safe sex practices needs to be a constant and continuous practice,” she said.

Underlining the importance of being a happy parent for a child and appreciating the court’s decision, Kalai Selvi A, Certified Lactation Care Counsellor, Tamil Nadu told indianexpress.com: “If unwanted women pregnancy Forced to carry on their pregnancies due to legal constraints, it will affect the generations to come. Irrespective of marital status, a woman should have the right to decide whether to continue the pregnancy or not. Abortion is essential health care and fundamental rights of women. ,

abortion In June this year, the US Supreme Court overturned the landmark 1973 Roe v Wade ruling that made abortion a constitutional right (source: Reuters)

Dr Manisha Singh, Senior Consultant – Gynecologist & Reproductive Medicine, Fortis Hospital, Bannerghatta Road, explained the process of abortion in India and said, “Abortion, regardless of a woman’s marital status, is now safe, legal and easy. To maintain anonymity and security, women are given a unique medical ID and all details are kept confidential. If performed in a hospital setting, procedures are performed under proper medical and surgical supervision. If termination pills are taken at home, it should be under medical supervision and should be followed.”

He said it is essential for healthcare workers, forums and ASHA workers to “spread the message to all women about the availability of accredited termination clinics, both in the government and private sector”.

According to Dr Renu Gupta, Senior Consultant, Gynecology and Obstetrics, Sri Balaji Action Medical Institute, access to abortion is “seriously linked to protecting and upholding the human rights of pregnant women, girls and others, and therefore social and gender To get justice.

She added: “The legalization of abortion will also discourage the illegal practice of abortion, carried out through untrained, unauthorized paramedics, that is dangerous to the health of the child and to future fertility.”

The bench also held that for the sole purpose of the MTP Act, the meaning of rape should include marital rape, “We would err to believe that intimate partner violence is reality and can take the form of rape. This mistaken belief that strangers are exclusively or almost exclusively responsible gender And the gender-based violence is deeply regrettable.”

If not, according to the Supreme Court, the woman will be forced to do so. give birth Raising and raising a child with a partner who causes him or her mental and physical harm.

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