The SC decision to legalise abortion for all women irrespective of their marital status is pathbreaking  

With one stroke of a pen, the Supreme Court has taken a bold decision for women's emancipation. Its verdict on giving abortion rights to all women regardless of their marital status would indeed pave the way for women’s lib as it gives them full control of their bodies and a milestone in giving reproductive rights to a woman. The landmark decision is welcomed because from now on women would not need the consent of their partner for aborting their pregnancy. Moreover, her marital status would not be taken into account which was earlier the case. Though it falls short of criminalizing marital rape but gives a married woman right to abort pregnancy legally before 24 weeks if she so desires for whatever reasons. So now women could opt for legal and safe abortion under the Medical Termination of Pregnancy Act, (MTP) as the Supreme court has decreed that abortion for 'only married women' is constitutionally unsustainable. This must come as a big relief for women, especially unmarried women who do not enjoy equal rights as men when it comes to gender-specific issues. It is rather unfortunate that the incidents of rape are on the rise and thousands of victims undergo the trauma of going ahead with the pregnancy as the law forbids them to abort the child if they happen to be unmarried.

A similar condition is faced by women in live-in relations when the relationship goes sour or the partner decides to desert his pregnant live-in partner. The woman is left to fend for her pregnancy alone.Though the SC judgment is being criticized for not criminalizing marital rape, it paves the way for that. And there are reasons for not taking that step. First, it would require an amendment in section 375 of the Indian Penal Code which deals with the definition of rape but is silent on marital rape though it says that intercourse with a minor wife would be construed as rape and second it would not be easy to investigate and establish a marital rape. More often than not the legal system is paces ahead of the progression of society. This is one such area where the society would take quite some time to catch up with the progressive laws. Nevertheless, the SC has done the right thing by giving them reproductive rights that they well deserved.  One step at a time is a good idea.