REPRODUCTIVE CHOICE IS A FUNDAMENTAL RIGHT

NEWS: The Supreme Court of India permitted a 31‑week pregnant minorà to undergo medical termination of pregnancy (MTP)= reproductive choice is a fundamental right.

ABOUT

• MTP Act restriction àAbortion allowed up to 20 weeks (general cases), up to 24 weeks (special categories like rape survivors, minors, differently‑abled women).
• Beyond 24 weeks àonly in exceptional cases (severe foetal abnormalities or grave risk), usually with medical board/judicial approval.
• The Supreme Court could override the MTP Act in the recent caseà because Fundamental Rights under the Constitution always prevail over statutory limits.

Legal Considerations

• Article 21à Right to Life & Personal Liberty= “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • Interpreted to include àreproductive autonomy, privacy, and bodily integrity.
• Article 14à Right to Equality= “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
  • Reproductive choice not just to Article 21 (life & liberty) but also to Article 14 (equality)= the Supreme Court shows that the right is protected on multiple constitutional grounds.

Judicial Precedents

• Suchita Srivastava v. Chandigarh Administration (2009)à Linked reproductive choice to Article 21.
• S. Puttaswamy v. Union of India (2017)à Privacy judgment reinforcing autonomy.
• In 2022à SC struck down distinctions between married and unmarried women for abortion access.
• Recent rulings (2024–26)à Courts held no woman, especially a minor, can be compelled to carry pregnancy against her will.