A PROGRESSIVE RULING ON RIGHT TO ABORT, YET FEAR OF STIGMA LURKS
MORE FORWARD LOOKING ACTIONS NEEDED TO PROTECT WOMEN’S RIGHTS
2021-01-20 11:02
-
IN 2009, the Supreme Court affirmed that Article 21 of the Indian Constitution includes a woman’s right to her bodily integrity. This means women have the personal liberty to choose what happens to their body, including the right to conceive, abort, and make other reproductive choices. While this seems favourable, the Supreme Court also laid down an unsettling caveat—a need to balance this right with those of the prospective child, which the court refers to as a “compelling state interest”. In other words, the conditions laid down in the Medical Termination of Pregnancy Act (MTPA), 1971, were to be viewed as reasonable restrictions on a woman who exercises her right to an abortion.