The Facts
- India's Supreme Court on Thursday ruled that women, regardless of marital status, are allowed to obtain an abortion up until 24 weeks of pregnancy. Single women were previously barred from obtaining the procedure after 20 weeks.
- The Medical Termination of Pregnancy Act (MTP) of 1971 had only provided the 24-week timeframe for women who were married, divorced, widowed, minors, "disabled and mentally ill," or survivors of sexual assault or rape.
- Speaking on the MTP, the court stated, "If Rule 3B(c) is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable."
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The Spin
Left narrative
While the US Supreme Court has chosen to move backward, the Indian high court is proving to be a 21st-century champion of progressive values. Not only does this ruling protect previously-vulnerable young women and girls, but it also shines a light on the long-overdue need to combat marital rape.
Right narrative
Applying the law equally and classifying marital sexual assault as rape are certainly commendable parts of this ruling. However, the heart of the decision - allowing abortion at such late a stage - is morally wrong. India has already legalized the killing of clearly-viable babies in the womb, and it's about time the country acknowledges its high rate of doing so. While all women should certainly have equal protection under the law, so, too should babies.
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