Recently, the Supreme Court allowed termination of a 30-week pregnancy of a minor, reaffirming reproductive autonomy beyond statutory gestational limits under Medical Termination of Pregnancy (Amendment) Act 2021.
Key Highlights of the Case
- The court held that no woman, especially a minor, can be compelled to continue an unwanted pregnancy.
- Emphasised reproductive autonomy and mental health over rigid statutory timelines.
- Flagged risks of unsafe, illegal abortions if access is denied beyond 24 weeks.
Reproductive Autonomy
- Reproductive autonomy refers to a woman’s right to make free, informed, and voluntary decisions regarding her body, fertility, and motherhood.
- Key Features
- Integral to Article 21 (Right to Life and Personal Liberty).
- Includes the right to continue or terminate a pregnancy.
- Encompasses bodily integrity, dignity, and mental health.
Key Issues Affecting Reproductive Autonomy
- Patriarchal control: Social norms and institutional practices limit women’s decision-making.
- Consent barriers: Hospitals often seek spousal or parental consent despite legal position.
- Adolescent vulnerability: Lack of sex education and stigma around adolescent sexuality.
- Healthcare gaps: Shortage of specialists and uneven rural access to safe abortion services.
- Gender inequality: NFHS-5 shows only ~10% women independently decide on healthcare.
India’s Abortion Policy
- India regulates abortion through a statutory framework balancing women’s reproductive autonomy with medical oversight, rather than recognising abortion as an unfettered fundamental right.
- Origin: IPC, 1860 (Section 312) criminalised miscarriage except to save the woman’s life.
- Medical Termination of Pregnancy (MTP) Act, 1971 was enacted to liberalise access and reduce unsafe abortions, primarily protecting medical practitioners from criminal liability.
- Recent Amendments: MTP (Amendment) Act, 2021 allows abortion up to 20 weeks with one doctor’s opinion, and 20–24 weeks for specified categories (rape survivors, minors, widows/divorcees).
- Provisions of the MTP (Amendment) Act, 2021
- Up to 20 weeks: Termination with opinion of one registered medical practitioner.
- 20–24 weeks: Requires opinion of two doctors for specified categories (rape survivors, minors, etc.).
- Beyond 24 weeks: Permitted with Medical Board approval in cases of fetal abnormalities.
- Broad Coverage: Shift from “husband” to “partner”, expanding access beyond marital status.
Other Supreme Court Orders on Termination of Pregnancy
- X v. Principal Secretary, Govt. of NCT Delhi (2022): Held that unmarried women have equal access to abortion up to 24 weeks and clarified that “rape” under the MTP Act includes marital rape.
- XYZ v. State of Gujarat (2023): Permitted termination of a 25–26 week pregnancy, recognising that continuation of an unwanted pregnancy causes severe mental anguish.
- SC Orders on Reversal of Termination (2024): Reiterated that the consent of the pregnant woman, or her guardian in case of a minor, is paramount and can be withdrawn at any stage.
- Justice K.S. Puttaswamy v. Union of India (2017): Established that reproductive choices are part of the right to privacy, dignity and bodily autonomy under Article 21.
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Global Practices on Abortion
- United States: After Dobbs v. Jackson (2022) ban on abortion, abortion is no longer a federal constitutional right, resulting in state-wise divergence with near-total bans in some states and expanded access in others.
- France: Abortion is legal on request up to 14 weeks and enjoys explicit constitutional protection, affirming reproductive rights as fundamental.
- China: Abortion remains broadly legal and accessible, though recent policy shifts discourage non-medical abortions to address declining fertility rates.
- Latin America (Green Wave): Progressive liberalisation has occurred in Argentina, Colombia, and Mexico, while El Salvador and Honduras maintain absolute bans.
- Abortion in Argentina is legal upon request for any reason up to 14 weeks of pregnancy. Beyond 14 weeks, abortion is permitted in cases of rape or if the mother’s life/health is at risk.
- Poland: Among Europe’s most restrictive regimes, permitting abortion only in cases of rape, incest, or risk to the woman’s life.
The Supreme Court’s evolving abortion jurisprudence places women’s dignity, autonomy, and mental health at the core, advancing constitutional morality over procedural rigidity.
9 Feb 2026
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