In A Historic Move, Supreme Court Includes Persons Of Other Gender Identities In The MTP Act For Abortion Rights. We’re Progressing!
Rights of people from the LGBTQ+ community have been a big issue for the longest time. Unlike us straight people, they’re not as privileged. Nothing comes easy to them, not even the most basic rights and that is the sad reality of our world. But much like cis-women, there seems to be some hope for them now. People of other gender identities have finally found light at the end of the tunnel with the recent Supreme Court judgement. Earlier on Thursday, the Supreme Court ruled in favour of abortion rights and noted that women and people of all gender and gender identities are entitled to get and abortion under the Medical Termination of Pregnancy act upto 24 weeks and after 24 weeks after seeking permission from court irrespective of their marital status.
The Supreme Court reiterated that the right to reproductive choice under the Article 21 of the Constitution of India is applicable to women as well as those of other gender and gender identities including trans-women and should have access to safe reproductive healthcare facilities. The Supreme Court bench comprising of Justices DY Chandrachud, AS Bopanna and JB Pardiwala discussed that the use of the term “woman” in the MTP Act is not limited to cis-women and also includes people of other gender and gender identities and have a reproductive system and need access to safe abortions. While the Supreme Court did not directly speak of other genders and gender identities and their need for reproductive healthcare, the judgement uses the term “all” instead of women.
Also Read: Supreme Court Just Recognised Marital Rape To Provide Abortion Rights To Married Women Under The MTP Act. There’s Hope!
In this historic judgement, the Supreme Court ruled that all people have the right to terminate a pregnancy upto 24 weeks and this includes unmarried, single women as well. The Apex court noted that no one can be denied the right to abortion due to their marital status. Further, the Top court also gave legal recognition to marital rape. The court observed that married women who conceive out of forced sex will come under the ambit of people seeking abortion of pregnancy out of sexual assault or rape under the MTP Act. While marital rape still hasn’t been criminalised, this judgement is the first time the Indian Judiciary has recognised marital rape and acknowledged it’s existence in a law, even if it is just for abortion rights.
This judgement is not only historic but also trailblazing as it aims to provide reproductive healthcare to people of the LGBTQ+ community.
