Supreme Court of India judgement on abortion as a fundamental right: Breaking new ground

Jain, Dipika (2023) Supreme Court of India judgement on abortion as a fundamental right: Breaking new ground. Sexual and Reproductive Health Matters, 30 (1). pp. 1-3. ISSN 2641-0397

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Abstract

The Supreme Court of India’s judgement on 29th September, 2022, held that unmarried women have the same right to abortion as married women. The Medical Termination of Pregnancy Act, 1971 (MTP Act),Citation1 most recently amended in 2021 (Amendment Act),Citation2 governs the circumstances under which abortions are legally permitted in India. The law is an exception to criminalisation of abortion under the Indian Penal Code (IPC). The Amendment Act of 2021 is a substantially yet inadequately reformed version of the original MTP Act, including an extension of the gestational limit from 20 to 24 weeks for “certain categories of women”. These are listed under Rule 3B of the MTP Rules, 2021Citation3 notified under the MTP Amendment Act, and include survivors of rape, incest, minors, women experiencing a change of marital status (widowhood or divorce), women with disabilities, women with fetal anomaly and those living in emergency, disaster, or humanitarian crises. Notably, the Amendment Act expanded the contours of access by replacing the term “married women” under the 1971 law, with “any woman”, allowing pregnant persons to seek abortions, irrespective of their marital status.

Item Type: Article
Keywords: Abortion Rights | Transgender Rights | Decisional Bodily Autonomy | Access to Abortion by Adolescents | Decriminalisation of Abortion | Reproductive Justice
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 06 Jul 2023 03:22
Last Modified: 06 Jul 2023 03:22
Official URL: https://doi.org/10.1080/26410397.2023.2225264
URI: https://pure.jgu.edu.in/id/eprint/6273

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