Topic
Reproductive rights in India encompass legal protections for bodily autonomy, including access to safe abortion and assisted reproductive technologies under the MTP Act and ART Act 2021.
The Delhi High Court allowed medical termination of pregnancy for a 16-year-old rape survivor at 31 weeks, ruling that her reproductive autonomy under Article 21 outweighs the 24-week ceiling in the MTP Act. The decision expands access to safe abortion for minor survivors of sexual violence facing grave mental injury.
Kerala High Court permitted medical termination of a 26-week pregnancy due to fetal abnormalities, citing Supreme Court precedent that upholds a woman's autonomy over her bodily integrity. The ruling reinforces reproductive rights even at advanced gestational stages when medical boards confirm severe fetal anomalies.
Kerala High Court allows medical termination of pregnancy at 29 weeks due to severe fetal abnormalities, reinforcing the right to reproductive choice under Article 21. The ruling directs hospitals to comply with the Medical Board's recommendations, setting a precedent for similar cases involving fetal health risks.
Kerala High Court reaffirms that Assisted Reproductive Technology (ART) services cannot be denied solely based on one spouse exceeding the prescribed age limit, extending the precedent in Union of India v. Devayani. The ruling reinforces reproductive rights as fundamental, mandating equal access to ART regardless of age thresholds.
Bombay High Court invokes Article 21 to override the 24-week ceiling under the Medical Termination of Pregnancy Act, allowing termination for a 19-year-old unmarried woman at 26.6 weeks. The ruling prioritizes psychological well-being and reproductive autonomy, setting a precedent for judicial discretion in late-term terminations where statutory limits conflict with fundamental rights.
The Calcutta High Court has ruled that couples who meet statutory age limits at the time of embryo cryopreservation retain surrogacy eligibility even if they exceed age caps by the time surrogacy is pursued. This affirms reproductive autonomy as a constitutional right under Article 21 and prevents arbitrary disqualification based on temporal delays beyond the couple’s control.
The Madhya Pradesh High Court has affirmed that under the Medical Termination of Pregnancy Act, 1971, the anguish suffered by a rape survivor is legally presumed to constitute a grave injury to mental health, permitting termination even beyond the 20-week limit. This ruling strengthens reproductive rights for survivors by removing procedural barriers and recognizing psychological trauma as a standalone ground for medical intervention.
The Punjab & Haryana High Court ruled that the ART Act 2021's age limit for embryo transfer does not apply retroactively to embryos created before its enactment. The court held that denying transfer of pre-2022 embryos to a woman over 50 violates her reproductive rights under Article 21, setting a precedent for similar cases involving retroactive application of health laws.
MP High Court mandates constitution of a Medical Board to assess termination feasibility for minor sexual assault victims under the MTP Act, reinforcing procedural safeguards for reproductive rights. The ruling underscores the court's role in ensuring timely medical and legal intervention for vulnerable minors.
Kerala High Court permits termination of 27-week pregnancy with Trisomy 21, affirming that substantial fetal abnormalities override gestational limits under MTP Act.
Delhi High Court held that the mental anguish from rape conclusively constitutes 'grave injury to mental health' under Section 3 of the MTP Act, allowing termination beyond 24 weeks. The ruling reinforces reproductive autonomy as a fundamental right under Article 21, setting a precedent for rape survivors seeking late-term abortions.
Punjab & Haryana High Court rules that minor victims of sexual assault can terminate pregnancies beyond the 20-week limit if a medical board certifies risks to physical or mental health, reinforcing reproductive autonomy under Article 21. This sets a precedent for prioritizing victim welfare over rigid gestational limits in cases of sexual violence.
Bombay High Court directs Medical Board assessment for unmarried woman seeking abortion beyond 20 weeks, affirming reproductive autonomy under MTP Act, 1971.
Bombay High Court directs medical board assessment for minor victim of sexual assault seeking termination beyond 24 weeks, affirming autonomy and procedural safeguards under MTP Act and POCSO.
Madhya Pradesh High Court upholds a rape victim's right to terminate pregnancy beyond 24 weeks, affirming bodily autonomy under Article 21 and overriding MTP Act gestational limits.