News Analysis India

Tag: Medical Termination of Pregnancy

  • Supreme Court says non-cisgender women may also require access to safe termination of pregnancy

    By PTI

    NEW DELHI: The Supreme Court on Thursday said women, other than cisgender women, may also require access to safe medical termination of pregnancies while expanding the scope of the MTP Act to include unmarried women with 20-24 weeks of pregnancy for abortion.

    Cisgender is a term for describing people whose sense of personal identity and gender is the same as their birth sex.

    The top court 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.

    A bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala said the statutory right of a woman to undergo termination of pregnancy under the MTP Act is relatable to the constitutional right to make reproductive choices under Article 21 (The right to protection of life and personal liberty) of the Constitution.

    “Before we embark upon a discussion on the law and its application, it must be mentioned that we use the term “woman” in this judgment as including persons other than cis-gender women who may require access to safe medical termination of their pregnancies,” Justice Chandrachud said, while writing the 75-page verdict on behalf of the bench.

    The top court’s verdict came on an appeal of a woman from the North East 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.

    The court said depriving women of autonomy not only over their bodies but also over their lives would be an affront to their dignity.

    “The right to choose for oneself- be it as significant as choosing the course of one’s life or as mundane as one’s day-to-day activities – forms a part of the right to dignity. It is this right which would be under attack if women were forced to continue with unwanted pregnancies,” the bench said.

    It added the MTP Act recognises the reproductive autonomy of every pregnant woman to choose medical intervention to terminate her pregnancy.

    “Implicitly, this right also extends to the right of the pregnant woman to access healthcare facilities to attain the highest standard of sexual and reproductive health. It is meaningless to speak of the latter in the absence of the former. Reproductive health implies that women should have access to safe, effective, and affordable methods of family planning and enabling them to undergo safe pregnancy, if they so choose,” it said.

    The court noted the crisis of unsafe abortions still looms large despite the enactment of the MTP law in 1971 and unsafe abortions are a leading but preventable cause of maternal mortality and morbidity.

    “However, despite the enactment of the MTP Act in 1971, unsafe abortions continue to be the third leading cause of maternal mortality, and close to eight women in India die each day due to causes related to unsafe abortions,” the bench said, while referring to a report of United Nations Population Fund.

    It said the absence of sexual health education in the country means that most adolescents are unaware of how the reproductive system functions as well as how contraceptive devices and methods may be deployed to prevent pregnancies.

    ALSO READ: Marital rape still not an offence say activists post SC’s abortion ruling

    “The taboos surrounding pre-marital sex prevent young adults from attempting to access contraceptives.

    The same taboos mean that young girls who have discovered the fact that they are pregnant are hesitant to reveal this to their parents or guardians, who play a crucial role in accessing medical assistance and intervention,” the court noted.

    The Directive Principles of State Policy in the Constitution, it said, lay down the fundamental principles in the governance of the country and press upon the state to apply them while making laws.

    The bench went on to say the state must ensure that information regarding the reproduction and safe sexual practices is disseminated to all parts of the population and it must see to it that all segments of society are able to access contraceptives to avoid unintended pregnancies and plan their families.

    “Medical facilities and Registered Medical Practitioners (RMP) must be present in each district and must be affordable to all. The government must ensure that RMPs treat all patients equally and sensitively.”

    “Treatment must not be denied on the basis of one’s caste or due to other social or economic factors. It is only when these recommendations become a reality that we can say that the right to bodily autonomy and the right to dignity are capable of being realized,” the bench said.

    It, however, clarified that nothing in the judgment must be construed as diluting the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

    NEW DELHI: The Supreme Court on Thursday said women, other than cisgender women, may also require access to safe medical termination of pregnancies while expanding the scope of the MTP Act to include unmarried women with 20-24 weeks of pregnancy for abortion.

    Cisgender is a term for describing people whose sense of personal identity and gender is the same as their birth sex.

    The top court 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.

    A bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala said the statutory right of a woman to undergo termination of pregnancy under the MTP Act is relatable to the constitutional right to make reproductive choices under Article 21 (The right to protection of life and personal liberty) of the Constitution.

    “Before we embark upon a discussion on the law and its application, it must be mentioned that we use the term “woman” in this judgment as including persons other than cis-gender women who may require access to safe medical termination of their pregnancies,” Justice Chandrachud said, while writing the 75-page verdict on behalf of the bench.

    The top court’s verdict came on an appeal of a woman from the North East 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.

    The court said depriving women of autonomy not only over their bodies but also over their lives would be an affront to their dignity.

    “The right to choose for oneself- be it as significant as choosing the course of one’s life or as mundane as one’s day-to-day activities – forms a part of the right to dignity. It is this right which would be under attack if women were forced to continue with unwanted pregnancies,” the bench said.

    It added the MTP Act recognises the reproductive autonomy of every pregnant woman to choose medical intervention to terminate her pregnancy.

    “Implicitly, this right also extends to the right of the pregnant woman to access healthcare facilities to attain the highest standard of sexual and reproductive health. It is meaningless to speak of the latter in the absence of the former. Reproductive health implies that women should have access to safe, effective, and affordable methods of family planning and enabling them to undergo safe pregnancy, if they so choose,” it said.

    The court noted the crisis of unsafe abortions still looms large despite the enactment of the MTP law in 1971 and unsafe abortions are a leading but preventable cause of maternal mortality and morbidity.

    “However, despite the enactment of the MTP Act in 1971, unsafe abortions continue to be the third leading cause of maternal mortality, and close to eight women in India die each day due to causes related to unsafe abortions,” the bench said, while referring to a report of United Nations Population Fund.

    It said the absence of sexual health education in the country means that most adolescents are unaware of how the reproductive system functions as well as how contraceptive devices and methods may be deployed to prevent pregnancies.

    ALSO READ: Marital rape still not an offence say activists post SC’s abortion ruling

    “The taboos surrounding pre-marital sex prevent young adults from attempting to access contraceptives.

    The same taboos mean that young girls who have discovered the fact that they are pregnant are hesitant to reveal this to their parents or guardians, who play a crucial role in accessing medical assistance and intervention,” the court noted.

    The Directive Principles of State Policy in the Constitution, it said, lay down the fundamental principles in the governance of the country and press upon the state to apply them while making laws.

    The bench went on to say the state must ensure that information regarding the reproduction and safe sexual practices is disseminated to all parts of the population and it must see to it that all segments of society are able to access contraceptives to avoid unintended pregnancies and plan their families.

    “Medical facilities and Registered Medical Practitioners (RMP) must be present in each district and must be affordable to all. The government must ensure that RMPs treat all patients equally and sensitively.”

    “Treatment must not be denied on the basis of one’s caste or due to other social or economic factors. It is only when these recommendations become a reality that we can say that the right to bodily autonomy and the right to dignity are capable of being realized,” the bench said.

    It, however, clarified that nothing in the judgment must be construed as diluting the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

  • Woman can become pregnant by choice irrespective of her marital status: Supreme Court

    By PTI

    NEW DELHI: “A woman can become pregnant by choice irrespective of her marital status,” the Supreme Court said on Thursday, underlining the right to decisional autonomy also means women may choose the course of their lives.

    The top court said a woman is often enmeshed in complex notions of family, community, religion, and caste and such external societal factors affect the way she exercises autonomy and control over her body, particularly in matters relating to reproductive decisions.

    In its landmark decision, the top court 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.

    A bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala said besides the physical consequences, unwanted pregnancies, which women are forced to carry to term, may have cascading effects on the rest of their lives by interrupting their education, career, or affecting their mental well-being.

    ALSO READ: Married or single, all women, are entitled to safe, legal abortion, says Supreme Court

    “A woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is wanted, it is equally shared by both partners. However, in case of unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health,” it said.

    The top court’s verdict came on an appeal of a woman from the North East 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.

    The bench added that Article 21 of the Constitution recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake.

    “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,” it said.

    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.

    ALSO READ: Marital rape still not an offence say activists post SC’s abortion ruling

    “It also includes the constellation of freedoms and entitlements that enable a woman to decide freely on all matters relating to her sexual and reproductive health.”

    “Reproductive rights include the right to access education and information about contraception and sexual health, the right to decide whether and what type of contraceptives to use, the right to choose whether and when to have children, the right to choose the number of children, the right to access safe and legal abortions, and the right to reproductive healthcare,” the judgement said.

    The court noted that women must also have the autonomy to make decisions concerning these rights, free from coercion or violence, but they are often enmeshed in complex notions of family, community, religion, and caste.

    “Societal factors often find reinforcement by way of legal barriers restricting a woman’s right to access abortion. The decision to have or not to have an abortion is borne out of complicated life circumstances, which only the woman can choose on her own terms without external interference or influence,” it said.

    ALSO READ: What did the Supreme Court say on abortion, marital rape, and ‘persons other than cis-women’?

    The bench added that reproductive autonomy requires that every pregnant woman has the intrinsic right to choose to undergo or not to undergo abortion without any consent or authorisation from a third party.

    “The right to reproductive autonomy is closely linked with the right to bodily autonomy. As the term itself suggests, bodily autonomy is the right to make decisions about one’s body. The consequences of an unwanted pregnancy on a woman’s body as well as her mind cannot be understated.”

    “The foetus relies on the pregnant woman’s body for sustenance and nourishment until it is born”, the bench said.

    ALSO READ: Social changes take time, easier to bring law but difficult to persuade society: SC on dissolution of marriages

    It added the biological process of pregnancy transforms a woman’s body to permit this and she may experience swelling, body ache, contractions, morning sickness, and restricted mobility, to name a few of a host of side effects.

    “A mere description of the side effects of pregnancy cannot possibly do justice to the visceral image of forcing a woman to continue with an unwanted pregnancy. Therefore, the decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right to bodily autonomy and decisional autonomy of the pregnant woman,” the court underlined.

    NEW DELHI: “A woman can become pregnant by choice irrespective of her marital status,” the Supreme Court said on Thursday, underlining the right to decisional autonomy also means women may choose the course of their lives.

    The top court said a woman is often enmeshed in complex notions of family, community, religion, and caste and such external societal factors affect the way she exercises autonomy and control over her body, particularly in matters relating to reproductive decisions.

    In its landmark decision, the top court 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.

    A bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala said besides the physical consequences, unwanted pregnancies, which women are forced to carry to term, may have cascading effects on the rest of their lives by interrupting their education, career, or affecting their mental well-being.

    ALSO READ: Married or single, all women, are entitled to safe, legal abortion, says Supreme Court

    “A woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is wanted, it is equally shared by both partners. However, in case of unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health,” it said.

    The top court’s verdict came on an appeal of a woman from the North East 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.

    The bench added that Article 21 of the Constitution recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake.

    “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,” it said.

    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.

    ALSO READ: Marital rape still not an offence say activists post SC’s abortion ruling

    “It also includes the constellation of freedoms and entitlements that enable a woman to decide freely on all matters relating to her sexual and reproductive health.”

    “Reproductive rights include the right to access education and information about contraception and sexual health, the right to decide whether and what type of contraceptives to use, the right to choose whether and when to have children, the right to choose the number of children, the right to access safe and legal abortions, and the right to reproductive healthcare,” the judgement said.

    The court noted that women must also have the autonomy to make decisions concerning these rights, free from coercion or violence, but they are often enmeshed in complex notions of family, community, religion, and caste.

    “Societal factors often find reinforcement by way of legal barriers restricting a woman’s right to access abortion. The decision to have or not to have an abortion is borne out of complicated life circumstances, which only the woman can choose on her own terms without external interference or influence,” it said.

    ALSO READ: What did the Supreme Court say on abortion, marital rape, and ‘persons other than cis-women’?

    The bench added that reproductive autonomy requires that every pregnant woman has the intrinsic right to choose to undergo or not to undergo abortion without any consent or authorisation from a third party.

    “The right to reproductive autonomy is closely linked with the right to bodily autonomy. As the term itself suggests, bodily autonomy is the right to make decisions about one’s body. The consequences of an unwanted pregnancy on a woman’s body as well as her mind cannot be understated.”

    “The foetus relies on the pregnant woman’s body for sustenance and nourishment until it is born”, the bench said.

    ALSO READ: Social changes take time, easier to bring law but difficult to persuade society: SC on dissolution of marriages

    It added the biological process of pregnancy transforms a woman’s body to permit this and she may experience swelling, body ache, contractions, morning sickness, and restricted mobility, to name a few of a host of side effects.

    “A mere description of the side effects of pregnancy cannot possibly do justice to the visceral image of forcing a woman to continue with an unwanted pregnancy. Therefore, the decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right to bodily autonomy and decisional autonomy of the pregnant woman,” the court underlined.

  • ‘Need to fine-tune rules to allow abortion till 24 weeks of pregnancy’: SC on MTP Act

    The court said it is reserving its verdict on the issue of interpretation of the MTP Act and will include 'unmarried woman' or 'single woman' to allow them the benefit of abortion up to 24 weeks.