New Delhi: Supreme Court bench of Justices comprising Justices DY Chandrachud, AS Bopanna and JB Pardiwala said on Thursday that a woman can become pregnant by choice irrespective of her marital status. Justice Chandrachud, while writing the 75 page verdict on behalf of the bench said the ambit of reproductive rights is not restricted to the right of women to have or not have children.

The right to decisional autonomy also means women may choose the course of their lives. In case the pregnancy is wanted, it is equally shared by both partners. SC three Judges Bench said that however, in case of unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health.

SC Verdict came after a woman from North East appealed to SC challenging the Delhi High Court order denying her permission to abort her pregnancy out of a consensual relationship after her partner refused to marry and left her.

SC in its landmark decision expanded the scope of the Medical Termination of Pregnancy (MTP) Act and the corresponding rules to include unmarried women for abortion between 20-24 weeks of pregnancy, saying limiting the provision to cover only married women will render it discriminatory and violative of Article 14 of the Constitution.

Article 21 of the Constitution recognizes and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake, said three Judges Bench. Importantly, it is the woman alone who has the right over her body and is the ultimate decision maker on the question of whether she wants to undergo an abortion.