In a significant affirmation of reproductive autonomy, the Supreme Court permitted termination of a 30-week pregnancy of a minor, going beyond the 24-week statutory limit under the Medical Termination of Pregnancy (MTP) Act, 1971 (as amended in 2021).
- The MTP (Amendment) Act, 2021 allows termination up to 20 weeks with the opinion of one doctor, 20–24 weeks with the opinion of two doctors, and beyond 24 weeks with Medical Board approval for specified categories
- Earlier, in Justice K.S. Puttaswamy v. Union of India, 2017, Supreme Court placed women’s reproductive choices within the scope of the right to personal liberty under Article 21.
Reproductive Autonomy
- Definition: Reproductive autonomy is recognized as the right of a woman to make choices regarding her own body, fertility and motherhood.
Issues and Challenges to Reproductive Autonomy
- Lack of Decision-Making Power: As per NFHS-5, only 10% of women in India are able to independently make decisions about their own health. E.g. common practice in hospitals to ask for the husband’s consent for abortion.
- Patriarchal Control and Objectification of Women: Women are treated as reproductive instruments rather than autonomous individuals.
- Adolescent Sexual Health: Sex education is often stigmatized or banned in schools, leaving adolescents with little knowledge of safe sex practices. E.g. Also, adolescents require parental consent to enough to exercise their reproductive rights.
- Inadequate Healthcare Infrastructure: Critical shortage of specialists and limited access to contraception in rural areas.
Women's reproductive autonomy is intrinsically valuable not only for women but also instrumentally valuable for the welfare of humankind.
