Reassessing India’s Abortion Laws: A Call for Change

Kanav Narayan Sahgal
SEPTEMBER 2, 2023

Nearly two decades ago, the Supreme Court delivered a landmark judgment in Suchita Srivastava & Anr vs Chandigarh Administration. The judgment stayed the orders of the High Court of Punjab and Haryana, which had ruled that a ‘mentally retarded woman‘ who was raped while residing in a government-run welfare institution in Chandigarh should undergo a medical termination of pregnancy (MTP). The woman in question was an orphan who had been abandoned by her parents at an early age and was under the guardianship of the Missionaries of Charity, New Delhi.

Despite her willingness to bear a child, the High Court ruled in favour of the proposed abortion. However, the Supreme Court held that her pregnancy could not be terminated without her consent, as doing so would not serve her best interest. The Court emphasized that a woman’s right to make reproductive choices is an essential aspect of ‘personal liberty‘ under Article 21 of the Constitution of India. This right allows women to choose whether to procreate or refrain from procreating, with the key consideration being respect for their privacy, dignity, and bodily integrity. Any restrictions on reproductive choices should only be in line with the provisions of the Medical Termination of Pregnancy (MTP) Act, 1971.

Continued: https://www.jurist.org/commentary/2023/09/reassessing-indias-abortion-laws-a-call-for-change/


Abortion Laws For Women: Why Is The Womb So Heavily Legislated?

July 28, 2020
by Priyanka Chakrabarty

In 2009 the Supreme Court of India gave a landmark judgement in Suchita Srivastava vs Chandigarh Administration case where it was held that right to reproductive autonomy is an integral part of Right to Life under Article 21 of Constitution of India. The Apex Court stressed that a medical procedure of abortion cannot be carried out on a woman if she has not consented to it. Hence, the right to reproductive autonomy was held as a Fundamental Right.

Right to Abortion: The Issue of Accessibility

Medical Termination of Pregnancy (MTP) Act, 1971 has governed women’s right to access abortion and their reproductive autonomy. SheThePeople reached out to two lawyers who have been litigating on MTP cases to understand the realities of the women who reach out to courts to access their right to abortion. These cases raise important questions on aspects of choice and autonomy. Ultimately, the larger question looms, how free is the womb and the woman who carries it? Please note that the names of the survivors have been changed to respect privacy and anonymity.

Continued: https://www.shethepeople.tv/health/women-reproductive-rights-india-abortion/