Supreme Court Affirms Women’s Autonomy Over Reproductive Choices
In a landmark ruling, the Supreme Court of India has emphasized that a woman alone holds the right over her body and is the ultimate decision-maker when it comes to abortion. The judgment was delivered by a bench comprising Justices BV Nagarathna and Ujjal Bhuyan, who were addressing an urgent plea by a rape survivor. The survivor had approached the apex court after the Gujarat High Court denied her relief.
Thank you for reading this post, don't forget to subscribe!The bench underscored the trauma a rape survivor might undergo if forced to give birth to a child conceived as a result of the assault. The order poignantly states,
“In the context of abortion, the right of dignity entails recognizing the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy… The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity.”
The court further observed that depriving a woman of access to reproductive healthcare not only harms her emotional and physical well-being but also infringes upon her dignity.
Drawing from precedent, the court cited the 2009 case of Suchitra Srivastava, where a woman’s right to reproductive choices was deemed an integral part of her personal liberty under Article 21 of the Constitution, acknowledging her ‘sacrosanct’ right to bodily integrity. The bench also referred to the cases of Murugan Nayakkar (2017) and Sarmishtha Chakraborty (2018). In the former, the Supreme Court permitted a minor rape survivor to terminate her pregnancy based on a medical board’s opinion. In the latter, a woman was granted permission to abort her over 20-week-old fetus with severe abnormalities, prior to the 2021 amendment to the Medical Termination of Pregnancy Act, 1971. This amendment extended the permissible window for an abortion from 20 to 24 weeks.
The bench also highlighted a 2022 judgment led by Justice Chandrachud, which allowed an unmarried woman in a live-in relationship to abort her 24-week pregnancy. This decision was based on the 2021 amendment’s use of the term ‘partner’ instead of ‘husband’ in the explanation to Section 3 of the act.
Reiterating the principles of reproductive autonomy, the court cited the X v. Principal Secretary ruling, stating,
“A woman can become pregnant by choice irrespective of her marital status… Article 21 of the Constitution recognizes 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.”
This pivotal judgment came in response to an urgent plea by an Adivasi woman from a remote village in Gujarat, who was allegedly raped under the pretense of marriage. Her pregnancy is currently approaching its 28th week.
This verdict underscores the Supreme Court’s commitment to upholding the rights and dignity of women, particularly in matters of reproductive autonomy.
