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Medical Termination of Pregnancy Act, 1971 and 2021 Amendment
The Supreme Court permitted termination of a 30-week pregnancy of a minor, exceeding the 24-week limit under the Medical Termination of Pregnancy Act. The decision reaffirmed reproductive autonomy as part of personal liberty under Article 21.
Reproductive Autonomy & MTP Framework:
| Dimension | Key Details |
|---|---|
| Judicial Development | Supreme Court permitted termination of a 30-week pregnancy of a minor beyond the statutory 24-week limit |
| Governing Law | Medical Termination of Pregnancy Act, 1971 as amended in 2021 |
| Termination up to 20 Weeks | Requires opinion of one registered medical practitioner |
| Termination between 20–24 Weeks | Requires opinion of two registered medical practitioners |
| Termination beyond 24 Weeks | Permitted with approval of a Medical Board for specified categories |
| Constitutional Basis | Recognised under Article 21 as part of personal liberty in Justice K.S. Puttaswamy v. Union of India, 2017 |
| Definition | Reproductive autonomy refers to the right of a woman to make choices regarding her body, fertility and motherhood |
| Decision-Making Gap | NFHS-5 reports only 10% of women independently make decisions about their own health |
| Institutional Practice | Hospitals often seek husband’s consent for abortion |
| Adolescent Constraint | Adolescents require parental consent to exercise reproductive rights |
| Healthcare Constraint | Shortage of specialists and limited access to contraception in rural areas |