Supreme Court moots verdict to help unmarried women gain ‘bodily autonomy’ under MTP Act

Supreme Court moots verdict to help unmarried women gain ‘bodily autonomy’ under MTP Act

Subject :Polity

Section: Fundamental Rights

Context:

The Supreme Court on Friday said it may loosen the restrictive grip of a 51-year-old abortion law which bars unmarried women from terminating pregnancies which are up to 24 weeks old, saying the prohibition was “manifestly arbitrary and violative of women’s right to bodily autonomy and dignity”.

• The Medical Termination of Pregnancy Act of 1971 and its Rules of 2003 prohibit unmarried women who are between 20 weeks to 24 weeks pregnant to abort with the help of registered medical practitioners.

Key Provisions of the MTP Amendment Act, 2021:

• 1^st category – In 2021, Parliament amended the 1971 MTP law and allowed for a termination under the opinion of one doctor for pregnancies up to 20 weeks.
• 2^nd category – For pregnancies between 20 and 24 weeks, the amended law requires the opinion of two doctors.
• 3^rd category – Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.
• For the second category, the Rules specified seven categories of women who would be eligible for seeking termination. Section 3B of Rules prescribed under the MTP Act reads: “The following categories of women shall be considered eligible for termination of pregnancy under clause (b) of subsection (2) Section 3 of the Act, for a period of up to twenty-four weeks, namely:
  • survivors of sexual assault or rape or incest;minors;
  • change of marital status during the ongoing pregnancy (widowhood and divorce);
  • women with physical disabilities [major disability as per criteria laid down under the Rights of Persons with Disabilities Act, 2016
  • mentally ill women including mental retardation;
  • the foetal malformation that has substantial risk of being incompatible with life or if the child is born it may suffer from such physical or mental abnormalities to be seriously handicapped; and
  • women with pregnancy in humanitarian settings or disaster or emergency situations as may be declared by the Government.