The consent of a woman’s family is not required for abortion, and doctors cannot impose further legal conditions, according to the Supreme Court.

Moving in the direction of breaking down stigmas, the Supreme Court ruled on Thursday that unmarried/single women do not need permission from their families to get an abortion as long as they are not minors and are of sound mind.

The three-judge bench of Justice DY Chandrachud, Justice A.S. Bopanna and Justice J.B. Pardiwala observed that RMPs’ fear of prosecution under the penal provisions causes unnecessary delay and forces them to impose extra-legal conditions that are not mandated by law to protect themselves.

“It is a common but regrettable practice for RMPs to insist on extra-legal conditions such as consent from the woman’s family, documentary proof, or judicial authorization. If the woman fails to comply with these additional requirements, RMPs frequently decline to provide their services in conducting legal abortions.”

The Court commented that these extra-legal requirements have no legal basis and that only the woman’s consent (or her guardian’s permission if she is minor or mentally ill) is material.

The Court also discussed how, despite the MTP Act’s passage, many obstacles continue to prevent women from having full access to safe and legal abortions, forcing them to seek clandestine, unsafe abortions. These obstacles include a lack of infrastructure, a lack of awareness, social stigma, and failure to ensure personal care. Unmarried women confront challenges in various settings due to gender preconceptions about women’s sexual liberty outside marriage.