Context

The Delhi High Court refused to allow a 20-year-old unmarried woman to terminate her 28-week pregnancy.

The woman sought permission from the high court to undergo medical termination under the Medical Termination of Pregnancy (MTP) Act.

 What does the Book say?

• The Medical Termination of Pregnancy Act, 2021allows all women in India (married and unmarried) to abort a foetus up to 20 weeks of pregnancy and 24 weeks for women under special conditions.
• The MTP Act allows for abortion after 24 weeks only if there is a threat to the woman’s life or if there is a foetal anomaly. “Rule 3B” of Rules annexed to the MTP Act, which was amended in 2021, specifies seven categories of women who are eligible for termination between 20-24 weeks.

1. survivors of sexual assault or rape or incest
2. minors
3. those who have a change of marital status during the ongoing pregnancy (widowhood and divorce)
4. women with physical disabilities
5. mentally ill women
6. women carrying a malformed foetus that has a substantial risk of being incompatible with life
7. and women with pregnancy in humanitarian settings or disasters or emergencies as may be declared by the government

• But several high courts and the Supreme Court in the past have used their discretionary powers and have given orders to terminate late-term pregnancies.

What are women’s reproductive rights?

Based on the multiple definitions of reproductive rights, it can be said that they include some or all of the following rights:

• Right to safe and legal abortion.
• Right to control one’s reproductive functions.
• Right to access in order to make reproductive choices free of coercion, discrimination and violence.
• Right to access education about contraception and sexually transmitted diseases and freedom from coerced sterilization and contraception.
• Right to protection from gender-based practices such as female genital cutting and male genital mutilation.