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Medical Termination of Pregnancy Act
The Supreme Court permits a 31-week pregnant minor to undergo medical termination of pregnancy. The ruling is currently relevant for reaffirming reproductive choice as a fundamental right.
Medical Termination of Pregnancy and Fundamental Rights:
| Dimension | Key Details |
|---|---|
| MTP Act Limit | The MTP Act permits abortion up to 20 weeks in general cases and up to 24 weeks for special categories such as rape survivors, minors, and differently-abled women. |
| Beyond 24 Weeks | Medical termination beyond 24 weeks is allowed only in exceptional cases such as severe foetal abnormalities or grave risk, usually with medical board or judicial approval. |
| Supreme Court Validation | The Supreme Court can override statutory limits under the MTP Act because fundamental rights under the Constitution prevail over statutory limits. |
| Article 21 | Article 21 provides that no person shall be deprived of life or personal liberty except according to procedure established by law. |
| Article 21 Interpretation | Article 21 is interpreted to include reproductive autonomy, privacy, and bodily integrity. |
| Article 14 | Article 14 provides that the State shall not deny equality before the law or equal protection of the laws within the territory of India. |
| Constitutional Ground | The Supreme Court links reproductive choice to Article 21 and Article 14, protecting it on multiple constitutional grounds. |
| Suchita Srivastava Case | Suchita Srivastava v. Chandigarh Administration, 2009 links reproductive choice to Article 21. |
| Puttaswamy Case | K.S. Puttaswamy v. Union of India, 2017 reinforces privacy and autonomy. |
| 2022 Ruling | The Supreme Court has struck down distinctions between married and unmarried women for abortion access in 2022. |
| Recent Rulings | Recent rulings from 2024–26 hold that no woman, especially a minor, can be compelled to carry pregnancy against her will. |