On reproductive rights of women – Impacting a woman’s freedom to reproductive choices

Source: This post on the reproductive rights of women has been created based on the article “Impacting a woman’s freedom to reproductive choices” published in The Hindu on 2^nd November 2023.

UPSC Syllabus Topic: GS Paper 2 Social Justice – Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of vulnerable sections (Women).

News: This article discusses the shortcomings in the recent Supreme Court judgment in X vs Union of India which denied the termination of a 26-week long pregnancy.

A detailed article on Abortion Laws In India can be read here.

Abortion laws in India are in focus after the Supreme Court declined a married woman’s plea to abort (medically terminate) her 26-week pregnancy. In X vs Union of India, the woman had approached the Supreme Court seeking abortion, as she was already a mother of two and was suffering from post-partum depression after the birth of her second child.

What are the shortcomings in the judgment?

According to the author, the Supreme Court judgment is flawed on the following counts:

1) Primacy given to foetus’ rights over woman’s rights: The judgment places the rights of a foetus above that of the rights of a pregnant woman to her privacy and dignity.

2) Lack of discussion on whether reproductive rights are fundamental right: If the right to freely make reproductive choices was considered a fundamental right, the Court should’ve issued directions beyond the MTP Act’s remit.

3) Contradicts the right to privacy and dignity: In X vs The Govt. of Delhi, the Court held that the right to privacy, as part of Article 21—enabled individuals to exercise autonomy over their body and mind and allowed women complete freedom to make reproductive choices. But the ruling fails to acknowledge this.

4) Assertion that foetuses have constitutional rights: The guarantees of Articles 14 and 21 of the Constitution — the rights to equal protection and life — are conferred on persons, and the Constitution does not award personhood to a foetus.

Question for practice:

Do you think Supreme Court’s ruling in X vs Union of India may undermine the reproductive rights of women? Provide justification for your arguments.