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SUPREME COURT QUESTIONS ABORTION LAW UNDER MTP ACT

by | May 7, 2024

Introduction:

The Supreme Court of India has questioned the legislative intent behind Section 3(2-B) of the Medical Termination Pregnancy (MTP) Act, which limits circumstances for abortion, particularly regarding the mental and physical health of a woman.

Background:

The MTP Act allows termination of pregnancy only under specific circumstances, such as a substantially abnormal fetus or to save the life of the pregnant person, without considering other factors like pregnancy due to rape or incest.

Key Points:

  1. The MTP Act makes a “value judgement” by limiting the circumstances for abortion.
  2. The law recognizes a “substantially abnormal fetus” as the only circumstance impacting the health of the pregnant person.
  3. The court questions the scientific basis of this provision, calling it arbitrary and unreasonable.
  4. The court emphasizes the right to abortion under Article 21 of the Constitution.
  5. The opinion of a pregnant minor must weigh more than their guardian’s in abortion decisions.
  6. The MTP Act does not allow interference with the personal choice of a pregnant person.
  7. Medical practitioners should not fear criminal prosecution for favoring abortion under the MTP Act.

Impact:

This judgment could lead to a re-evaluation of the MTP Act, potentially expanding the circumstances under which abortion is allowed and strengthening the reproductive rights of women.

Legal Analysis: 

The court’s questioning of Section 3(2-B) highlights the need for laws to be based on scientific rationale and to respect individual autonomy and dignity. The judgment reinforces the fundamental right to abortion and emphasizes the importance of medical opinion in abortion decisions.

Conclusion: 

The Supreme Court’s scrutiny of the MTP Act is a step towards ensuring that laws concerning reproductive rights are grounded in scientific reasoning and respect the autonomy of individuals. This judgment could have significant implications for abortion laws in India.

Source-THE PRINT

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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