Court emphasized that no judicial body can compel a woman—particularly a minor—to carry an unwanted pregnancy against her express will.
- Supreme Court’s ruling articulated reproductive choice as a core constitutional guarantee.
- Court held that the right to make decisions concerning one’s body particularly in matters of reproduction is an integral facet of personal liberty and privacy under Article 21 of the Constitution.
- Legally, Medical Termination of Pregnancy (MTP) Act 1971 (amended in 2021) allows termination of pregnancy up to 20 weeks (on opinion of one doctor) or 24 weeks for special categories like minors (on opinion of two doctors).
- Pregnancy beyond 24 weeks can be terminated in case of substantial foetal abnormalities diagnosed by Medical Board.
Core Issues with Reproductive Autonomy
- Legal & Ethical Balance: The ruling highlights the friction between bodily autonomy and the state's interest in foetal rights.
- Safety & Access: Denying legal abortions risks pushing vulnerable women toward unsafe, illegal procedures and associated psychological and physical burden.
- Patriarchal Control: Women are treated as reproductive instruments rather than autonomous individuals with reproductive choice.
- 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.
