This Writ Petition was filed by a 24 years old married woman seeking permission of the High Court to terminate her pregnancy of over 30 weeks as the fetus suffered from multiple abnormalities. By order dated 31.10.2019, the Hon’ble High Court permitted the Petitioner to seek termination of her pregnancy, in recognition of her rights under Article 21 of the Constitution and the mental trauma that is likely to be caused to her on account of the fetal abnormalities, if the termination is not permitted.
On April 14th and 15th, we hosted the ‘Sexual and Reproductive Rights: Social Movements and Legal Battles’ conference, in collaboration with the University of Bergen, Norway and the University of Sussex at the Bangalore International Centre (see the full agenda here). The conference aimed to bring together prominent activists, academics and lawyers to discuss important issues and approaches that have developed in sexual and reproductive rights (SRR) advocacy in India. One of the key objectives of the conference was to shed light on issues and marginalised communities that are at the margins of SRR discourse and action.This blog post presents the key points raised on day 2 of the conference.
In the last few years, the Supreme Court has passed several decisions on reproductive rights. This post specifically analyses the abortion jurisprudence of the Supreme Court over the last few years. The law governing abortions is the Medical Termination of Pregnancy Act, 1971 (“MTP Act”). Section 5 allows the termination of pregnancy beyond 20 weeks if it is immediately necessary to save the woman’s life. In all cases of abortion after 20 weeks that have come before the Court, the Court constitutes a Medical Board, an expert committee of medical professionals that produces a Report.