01Polity & Governance·8 min read·Prelims · Mains
Best of Both Sides: Abortion rules should not override fundamental rights of women
This article discusses landmark Supreme Court rulings upholding reproductive autonomy as a fundamental right under Article 21. For prelims, questions can test MTP Act provisions and amendment year. For mains, this is crucial for understanding judicial interpretation of fundamental rights, the SC's expanding role in protecting women's rights, and the gap between legislative frameworks and constitutional guarantees. UPSC and state PSCs frequently test such judgments involving fundamental rights expansion through judicial activism.
- MTP Act, 1971 was amended in 2021 expanding permissibility of abortions from 20 weeks to 24 weeks of gestation
- Supreme Court permitted abortion beyond 24 weeks in two notable cases this year, upholding women's reproductive autonomy
- A 15-year-old minor was found pregnant at 27 weeks; SC overturned Delhi HC judgment denying abortion permission based on AIIMS medical board recommendation