Reproductive Choice is a Fundamental Right

Why in News?

The Supreme Court of India permitted a 31‑week pregnant minor to undergo medical termination of pregnancy (MTP), reiterating that reproductive choice is a fundamental right.

• MTP Act restriction – Abortion allowed up to 20 weeks (general cases), up to 24 weeks (special categories like rape survivors, minors, differently‑abled women).
• Beyond 24 weeks only in exceptional cases (severe foetal abnormalities or grave risk), usually with medical board/judicial approval.
• SC Validation – The Supreme Court could override the MTP Act in the recent case because Fundamental Rights under the Constitution always prevail over statutory limits.

Legal Considerations

• Article 21 – Right to Life & Personal Liberty
  • Definition – “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
  • Interpreted to include reproductive autonomy, privacy, and bodily integrity.
• Article 14 – Right to Equality
  • Definition – “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
  • By linking reproductive choice not just to Article 21 (life & liberty) but also to Article 14 (equality), the Supreme Court shows that the right is protected on multiple constitutional grounds.

References

1. NDTV | Fundamental Right
2. Indian Express | Fundamental Right