Open Access Research Article
THE CONSTITUTIONAL FRAMEWORK FOR REPRODUCTIVE RIGHTS, INCLUDING ACCESS TO ABORTION SERVICES
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Article Details
THE
CONSTITUTIONAL FRAMEWORK FOR REPRODUCTIVE RIGHTS, INCLUDING ACCESS TO ABORTION
SERVICES
Authored by - Sakshi
Soni
Position & Institute- LL.M.
student, University of Allahabad
Phone Number- 8318971355
E-mail- sakshisoni818@gmail.com
Co-Author - Utkarsh
Pandey
Position &Institute-Research
Scholar, Lucknow University
Phone Number-8299731098
E-mail-professionalutkarsh96@gmail.com
The recognition of women’s autonomy in making choices about their
reproductive life has been affirmed in many significant legal judgements
throughout the last several decades. The Judiciary has acknowledged the constitutional
provisions pertaining to women’s reproductive health and autonomy, particularly
in matters concerning maternal health, contraceptive services, and abortion.
Furthermore, it has emphasised the primacy of women's right to life in the
context of reproductive decision-making. Nevertheless, the Judiciary has
abstained from questioning the criminalization of abortion, which presents
significant barriers to women's ability to obtain safe abortion services.
However, a landmark ruling in 2009 on reproductive autonomy, along with the
consideration of comparative and international human rights law, the Puttaswamy
case emerged. This case acknowledged that reproductive rights are encompassed
within the realm of the right to privacy, thereby establishing a novel
framework concerning reproductive rights. Nevertheless, it is important to note
that within the legal system, abortion continues to be seen as a contingent
entitlement, with courts yet to recognise it as an essential element of
pregnant individuals right to equality.
In continuation with the aforementioned, this paper will first
provide an overview of the historical context surrounding reproductive rights
in India. The discussion then shifts to the judiciary's contribution to India's
different reproductive laws. This paper aims to provide a comprehensive
analysis of the gaps that currently exist within our reproductive framework
after the Puttaswamy verdict. It will also provide relevant suggestions and
closing comments to address these gaps.
Keywords-
Reproductive, Abortion, Maternal Health, Reproductive Autonomy, Equality.
1.
INTRODUCTION
We are well aware of our
responsibilities and rights under the Indian Constitution. However, certain
rights, such as the Reproductive Rights of Women in India, are not widely
recognized. This is an important word that females ought to be knowledgeable
on. It gives people the freedom to choose their own reproductive choices free
from pressure, prejudice, or violence. The Indian courts have made a series of
ground-breaking decisions in recent years addressing the recognition of this
right as a crucial component of the unalienable rights safeguarded by the basic
right to life. For the first time, the court has acknowledged the importance of
women’s reproductive rights in achieving gender equality. This funding supports
a woman’s right to make choices about her pregnancy.
The phrase “reproductive rights”
refers to a person’s ability to have children or to obtain reproductive health
care. This includes a right to contraception, the authority to decide if and
when to get pregnant, the choice to receive comprehensive sex education in
public schools, access to reproductive health care, and the freedom for couples
to decide how many and how often to have children.
Reproductive rights have been
emphasized by Indian courts as a crucial component of gender equality, which
has been made clear. They are aiming to create a culture where women may choose
their reproductive health choices without being subjected to pressure or
injustice via this acknowledgment and promotion. This is a significant step
toward ensuring women’s autonomy and physical autonomy.
2.
ORIGIN OF REPRODUCTIVE RIGHTS:
Reproductive rights comprise a vast
variety of privileges that are vital for the fulfilment of all human rights.
These rights include the freedom from torture and other cruel treatment, the
right to health and life, equality, non-discrimination, privacy, and
information. Reproductive rights are an essential element of guaranteeing the
well-being and agency of women and girls, since they entail the opportunity to
make choices about their own bodies, sexuality, and reproductive health.
In order to defend these rights, it
is necessary for states to not only guarantee that women and girls have access
to complete reproductive health information and services, but also to actively
promote favourable reproductive health outcomes. This involves lowering rates
of unsafe abortion and maternal mortality, as well as tackling other concerns
connected to reproductive health. By providing access to these information and
assistance, governments can empower women and girls to make educated choices
about their reproductive health, and ultimately enhance overall health outcomes
for everyone.
Furthermore, it is necessary to
identify and address the different types of violence, discrimination, and
coercion that women and girls may encounter in respect to their reproductive
rights. Women and girls should have the liberty to make fully informed choices
about their sexuality and reproduction, without fear of violence,
discrimination, or compulsion. By building an atmosphere that respects and
defends these rights, we may work towards attaining gender justice and
improving women’s equality.
It is worth mentioning that abuses of
reproductive rights disproportionately harm women, since their capacity to
procreate renders them more susceptible. By identifying reproductive rights as
human rights, we may raise attention to the unique obstacles and injustices
that women confront in respect to their reproductive health. This
acknowledgement is vital in attaining gender justice and advancing women’s
equality, as it enables for focused actions and policies to address these
concerns and build a more fair and equitable society for everyone.
In accordance with the Indian
Constitution, the state is required to protect a number of fundamental rights.
These rights include, but are not limited to, the right to life (as stated in
Article 21) and the right to equality and non-discrimination (as outlined in
Articles 14 and 15). According to legal precedents, the right to life includes
a number of fundamental liberties, including the right to privacy, the right to
health, dignity, and freedom from torture and other cruel treatment. These
basic rights are the cornerstone of an equal and fair society in India and are
essential for preserving individual liberties. To promote the welfare and
dignity of its people, the government must prioritise and uphold these rights.[1]India
is a signatory to numerous international agreements, including the “Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW), the
International Covenant on Civil and Political Rights (ICCPR), the International
Covenant on Economic, Social, and Cultural Rights (ICESCR), and the Convention
on the Rights of the Child (CRC),” all of which uphold the right to an
abortion.[2]The
courts and the Indian Constitution’s Article 51(c) have established the
government’s constitutional duty to uphold international law and treaty commitments.[3]
Furthermore, the Indian government
must uphold its constitutional mandate to provide legal recourse for violations
of basic and human rights. Article 39(a) specifically states that in order to
ensure that no person is denied access to justice because of financial or other
barriers, the government shall aggressively promote fair access to justice and
provide free legal help.
3.
CURRENT SCENARIO IN INDIA:
India has made great strides in
putting in place the regulatory and policy frameworks necessary to safeguard
access to abortion and contraception. The complete fulfilment of reproductive
rights for women and girls in the nation, however, is still being hampered by
significant barriers, notwithstanding these efforts. These challenges include
the provision of insufficient healthcare and the restriction of women’s and
girls’ access to decision-making.
In the past, India has not approached
its laws and policies on reproductive health from the standpoint of women’s
rights. Instead, the emphasis has been on achieving demographic objectives,
such population management, which unintentionally jeopardized women’s right to
choose how and when they conceive. This has been done via the use of
discriminatory practices, such as the necessity of spouse permission in order
to get reproductive health care.
India still has a lot of work to do
to reduce the prevalence of child marriages and improve maternal health
outcomes, despite having a comprehensive national law that makes child
marriages illegal and putting policies and programs in place to give women
access to maternal healthcare. India really has the regrettable distinction of
having the most child marriages worldwide, which accounts for around 20% of all
maternal fatalities globally[4].Even
though India’s National Population Policy guarantees women the freedom to
choose from a variety of contraceptive options, certain state governments
nevertheless promote female sterilization programs that are reliant on meeting
predetermined goals. This phenomenon has resulted in occurrences of coercion,
use of substandard sterilisation methods that jeopardise women's well-being,
and a scarcity of reversible contraceptive options. Despite the legal provision for abortion in
India up to 20 weeks of gestation for various justifiable reasons, as well as
the allowance for abortion at any stage of pregnancy when the life of the
pregnant woman is at risk, a considerable proportion of abortions
(approximately 56% of an estimated 6.4 million annually) are conducted under
unsafe conditions. This unsafe practise significantly contributes to a 9%
incidence of maternal mortality, thereby impacting the overall rate of maternal
deaths.[5]
The Indian government has been
alerted to the concerns of United Nations human rights experts and organisations
over the violation of human and reproductive rights. These worries cover a wide
range of topics, including maternal mortality and morbidity, unsafe abortion
procedures, inadequate post-abortion care, a lack of effective contraceptive
options, coerced and subpar female sterilization practices, the prevalence of
child marriage, and a lack of knowledge and education about reproductive and
sexual health. The Indian government has been urged to remedy these infractions
and enhance access to reproductive healthcare as a result of these experts’ and
organizations’ calls.[6]
Courts in India play a crucial role in ensuring women’s reproductive rights and
should actively work towards addressing these issues.
According to the State of the World
Population Report 2022 by the United Nations Population Fund (UNFPA), unsafe
abortions are the third biggest cause of maternal death in India. Each day,
over 8 women pass away from reasons associated to unsafe abortions. In India,
67% of abortions between 2007 and 2011 were deemed unsafe.
The 'Seeing the Unseen: the case for
action in the neglected crisis of unintended pregnancy'[7]
report, found that there are 121 million unintended pregnancies worldwide each
year, or an average of 331,000 per day. India is home to one in seven unplanned
pregnancies worldwide. Abortions that follow unexpected pregnancies have a
direct impact on how the nation as a whole is developing. According to the
survey, unplanned pregnancies decline as income and education levels rise.
Although there are several laws in
place to prevent illegal abortion and pre- natal diagnostic techniques, their
implementation is still lacking effectiveness. Let’s examine these laws.
a) The Medical Termination of Pregnancy (Amendment) Act,
2021
Over time there have been advancements in both
ultrasonography and genetics which have enabled the diagnosis of a range of
fetal disorders during pregnancy. Typically,fetal anomalies are identified
after 20 weeks of gestation due to biological factors. This highlights the
importance of extending the limit for terminating pregnancies. Considering the
growing number of petitions seeking pregnancy terminations in cases of severe
fetal abnormalities medical professionals have urged the Ministry of Health and
Family Welfare to amend the MTP Act to align with international standards[8].
Consequently, the MTP Act of 2021 has been enacted with amendments compared to
its predecessor from 1971[9].
These changes aim to provide couples with more freedom when it comes to late
term termination while allowing sufficient time for accurate diagnoses by
specialists in fetal medicine, obstetrics and reproductive medicine.
Key
amendments include;
- Extending the gestational limit from 20 to 24 weeks for
specific groups such as survivors of rape, incest victims and other
vulnerable women (including differently abled women and minors).
- Requiring only one providers opinion, for termination
within the first 20 weeks of gestation.
- In order to
proceed with the termination of a pregnancy between 20 24 weeks of gestation
it is necessary to obtain the opinions of two healthcare providers.
- However it's
important to note that there should be no limit on gestational age, in
cases where substantial fetal abnormalities have been diagnosed by a
Medical Board.
- Confidentiality
clause–The amendment includes a provision of confidentiality for the
victim. The provision states that the name and particulars of the women
whose pregnancy has been terminated cannot be revealed expect to a person
authorised by law.
- The broader availability
of Medical Termination of Pregnancy (MTP) services to unmarried women, in
light of the failure of contraceptive methods, aims to ensure their access
to safe abortion procedures, regardless of their marital status.
b)
The Pre-Conception and Pre-Natal Diagnostic Techniques Act 2003
The
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act of 1994 is an
act enacted by the Parliament of India with the objective of curbing the
practice of female foeticide and addressing the issue of diminishing sex ratio
in the country. The legislation imposed limitations on prenatal sex
determination. Every genetic counselling group, genetic research center, or
genetic facility that provides prenatal diagnostic methods, including In Vitro
Fertilization (IVF) with the ability to select the sex of the embryo
(Pre-implantation Genetic Diagnosis), adheres to the regulations outlined in
the PC-PNDT Act, 2003, and is strictly prohibited.
Upon
first examination of the fundamental requirements of the Act, it becomes
apparent that the Act has a certain degree of simplicity, but also exhibits a
defiant nature. The legislation imposes penalties for all activities, whether
including sexual protection or failure to maintain records. The manner in which
it is implemented is a potential hindrance to those seeking to achieve the
objective of gender equality. The concerning decline in the male-female sex
ratio has necessitated the implementation of stringent measures, including the
temporary suspension of enrollment with the medical council, the documentation
of criminal cases, and the establishment of mechanisms for monitoring and
addressing this issue. Additionally, the criminal prosecution may result in the
suspension and revocation of the individual's enrollment as granted by the
State Medical Council.
The
Preconception and Prenatal Diagnostics Techniques (Prohibition of Sex
Determination) Act 2003, together with its accompanying Rules, serves as
legislation aimed at safeguarding the well-being of women. The judiciary has
consistently and comprehensively rendered verdicts indicating that the
Pre-Conception and Pre-Natal Diagnostic Techniques (PC-PNDT) Act serves as a
tool to penalize individuals advocating for gender equality and to impede
others. The Act intends to achieve the following objectives:
·
To guarantee the effective execution of all
promotional programmes targeting female children at the district level.
·
The monitoring and evaluation of the
implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT)
Act facilitated through community engagement.
·
To promote accountability of implementing
agencies, it is essential to monitor the execution of the Act by actively
involving the community.
·
The monitoring of pregnancies, medical
termination of pregnancies (MTPs), and birth registration is facilitated by the
assistance of Anganwadi staff and Accredited Social Health Activists (ASHAs).
·
Detecting Act offenders by carrying out
thorough audits of the form "F" filled out for pregnant patients at
clinics.
·
Come up with an annual plan at the national,
state, and district levels.
4.
JUDICIARY OF ACCESS TO ABORTION SERVICES:
The judiciary’s progressive stance on
reproductive rights is reflected in India’s current abortion-related law
rulings. Women’s autonomy over reproductive decisions was first limited by a
Supreme Court judgment from 2004 that defined a woman’s decision to have an
abortion or sterilization without her spouse’s permission as a kind of
psychological injury.[10]But
further court decisions have strengthened the constitutional protection for
this right. The Supreme Court emphasized that “a woman’s prerogative to
exercise reproductive choices is encompassed within the realm of ‘personal
liberty’ as per Article 21” in its recognition of women’s reproductive autonomy
as an important prerogative in 2009[11].In
addition, the High Court of Punjab and Haryana dismissed a case brought by a
spouse against a doctor who conducted an abortion without his permission in
2011, upholding the reproductive autonomy of women. The court held that the
choice of whether to carry a pregnancy to term is a woman’s personal right, and
that any interference with her choice would be harmful to her mental health.[12]In
the 2013 case of Hallo Bi v. State of Madhya Pradesh and Others[13],
the High Court of Madhya Pradesh has underscored the significance of granting
victims of rape the right to access abortion without the need for judicial
authorization. The court noted that forcing a victim of a brutal rape or forced
sexual contact to bear the perpetrator’s child would cause her great emotional
pain and humiliation, endangering her mental health.
Numerous lawsuits around the country
have been filed since 2008 that attempt to interpret Section 5 of the Medical
Termination of Pregnancy (MTP) Act. In accordance with this clause, an abortion
may be carried out to preserve the life of a pregnant woman. The goal of these
litigation is to extend the window of opportunity for legal abortion beyond the
20-week mark. These cases specifically seek to use rape or fetal disability as
grounds for abortion.
Although there are currently two
cases before the Supreme Court that are still pending regarding the
constitutionality of access to abortion past the 20-week mark on broader
grounds, it is important to note that the Supreme Court has ruled in favor of
allowing abortion past 20 weeks three different times since 2015. Medical
review boards in each of these cases concluded that the woman’s physical and
mental health would be at danger if the pregnancy was continued.[14]
In 2017, the Supreme Court clarified
that if a pregnant woman has anencephaly, a serious fetal defect that puts her
life in danger, she may lawfully terminate the pregnancy at 24 weeks. The
emphasis on a woman’s right to bodily autonomy and reproductive freedom, which
enable her to protect her own life from avoidable damage, was used to support
this decision. Despite inconsistent rulings from state high courts, two recent
instances in Gujarat and Chhattisgarh show how the Medical Termination of Pregnancy
Act is being interpreted to allow abortions beyond 20 weeks in circumstances of
sexual abuse.[15]
In the case of X v.
Principal secretary of Health and family and ors.[16], The primary issue presented before the Supreme Court
involved the assessment of the legitimacy of Rule 3B of the MTP Rules, 2003,
with respect to Article 14 of the Indian Constitution. This rule, by excluding
unmarried women, raised concerns regarding their ability to avail themselves of
safe and lawful abortion procedures. The Court placed significant emphasis on
the need for the interpretation of the MTP Act and its accompanying rules to
accurately reflect the prevailing social circumstances, rather than being
constrained by traditional conventions pertaining to age or marital status. The
present study highlights the notable disparities in outcomes between unsafe
abortions and legal abortions conducted by qualified healthcare professionals.
In the case of K. S. Puttaswamy v. Union of India[17],
the Court reaffirmed the principle highlighted by Justice Chelameshwar that a
woman's autonomy in deciding to either carry a pregnancy to term or undergo an
abortion is encompassed within the realm of privacy. Furthermore, within the
legal case of Suchita Srivastava v. Chandigarh Administration[18],
the court specifically acknowledged the notion of reproductive autonomy.
The Court
unequivocally determined that the constitutional provisions of Article 21,
which safeguard reproductive autonomy, dignity, and privacy, confer upon
unmarried women the entitlement to exercise their discretion in deciding
whether or not to undergo childbirth, akin to the entitlement afforded to
married women. In its ruling, the Supreme Court upheld the notion that
“reproductive autonomy” pertains to the capacity of individuals to exercise
autonomous agency in matters pertaining to contraception, pregnancy, and
childbirth. The concept incorporates a range of entitlements, which include the
entitlement to access education and information pertaining to contraception and
sexual health, the entitlement to make choices regarding the specific type of
contraceptives to be utilized, and the entitlement to access safe and lawful
abortion services. The exercise of these rights should be conducted in a manner
that is unrestricted and devoid of any coercive influences.
In the
case of Meera Santosh Pal v. Union of India[19],
a female petitioner who was in her 24th week of pregnancy submitted a plea to
the Supreme Court seeking permission for a medical termination of her
pregnancy. The Supreme Court issued a directive for the establishment of a
medical board. The board concluded that if the pregnancy were to continue, it
would pose significant risks to the woman's physical and mental well-being.
Additionally, due to abnormalities, the foetus would not be viable outside the
uterus. Consequently, the Supreme Court ruled that the woman is permitted to
undergo a medical termination of pregnancy in accordance with the provisions
outlined in the Medical Termination of Pregnancy Act.
In the
case of SarmishthaChakrabortty v. Union of India[20],
a female petitioner addressed the Supreme Court with the objective of obtaining
legal authorization for a medical termination procedure. The Supreme Court
issued a directive for the establishment of a medical board. Subsequently, the
medical board concluded that the case warranted termination of pregnancy due to
the woman's susceptibility to severe mental harm if the pregnancy were to
proceed. Additionally, it was determined that if the child were to be born
alive, it would require a series of complex cardiac corrective surgeries, each
with a high risk of mortality and morbidity. Consequently, the Supreme Court
ruled in favor of the prayers presented in the petition, so authorizing the
woman to proceed with a medical termination of pregnancy.
These
decisions recognize the importance of second-trimester abortions for the mental
and physical well-being of women.
5.
CHALLENGES AND ISSUE:
The basis for reproductive rights and
access to abortion in India is provided by the country’s constitution and legal
system. However, there are a number of ongoing issues that must be resolved on
a social and legal level.
First off, women, especially those
living in rural regions, don’t always know about or have access to these rights
and resources. Despite the fact that safe abortion services are available and
that there are legal protections in place, many women are not aware of their
rights. Accessibility is a serious problem due to the uneven distribution of
these services around the nation.
Second, despite the fact that these
services are legally available, the stigma associated with abortion and other
reproductive health issues may discourage women from using them. This problem
is exacerbated by cultural taboos and conventions since they support a
derogatory view of abortion.
Thirdly, there are legal omissions
that need attention. It may be difficult to have an abortion beyond 20 weeks
since certain embryonic defects may not be visible at that point. This
limitation reduces a woman’s autonomy in making tough choices about her
pregnancy and might lead to the unwelcome or medically dangerous pregnancy
being continued against her will.
The lack of a reliable healthcare
infrastructure, particularly in remote locations, is the last obstacle to obtaining
safe abortion services. Many female patients are compelled to seek care from
untrained professionals, endangering their health and wellbeing.
A thorough strategy is required to
successfully address these issues. This strategy should put more emphasis on
promoting knowledge of and access to safe abortion services and reproductive
rights, as well as fighting stigma and cultural norms, addressing legal
loopholes, and enhancing the healthcare system. India can provide women the
assistance and resources they need to exercise their reproductive rights and
have access to safe abortion services by putting these steps into place.
6.
SUGGESTIONS:
There are a number of options to
consider in order to enhance the constitutional framework governing
reproductive rights and access to abortion providers in India:
1. Comprehensive Sex Education
Implementation: It’s crucial to provide developmentally appropriate
comprehensive sex education in educational institutions. This will provide
young people appropriate information on their rights, reproductive health, and
contraception.
2. Awareness Campaigns: To effectively
run awareness campaigns, cooperation between governmental and non-governmental
organizations is essential. These initiatives seek to spread knowledge about
healthcare options and reproductive rights. They are essential in eradicating
myths and combating social stigma.
3. Extending the Time limitations:
Extending the time limitations for getting an abortion may help women make wise
choices, particularly when fetal defects or health problems are discovered
later in the pregnancy.
4. Use of Telemedicine and Technology:
Remote places may have access to quality healthcare by using telemedicine and
technology breakthroughs. This will make it easier for women to access knowledgeable
medical professionals and pertinent information.
5. Modifications to the Medical
Termination of Pregnancy (MTP) Act: The MTP Act should be regularly reviewed
and modified to take into account new medical developments and social demands.
This may include simplifying the approval procedure and reevaluating the
gestational restriction.
7. The introduction of counseling
services may guarantee that women have a thorough grasp of the procedure, its
repercussions, and the available alternatives by requiring women to attend
obligatory counseling sessions prior to an abortion.
8.
CONCLUSION
The aforementioned instances
highlight the judiciary’s important and developing role in India’s efforts to
overcome the ethical and practical obstacles that prevent women and girls from
enjoying their reproductive rights. Challenges in litigation include protracted
timelines and difficulty carrying out court orders. However, the government has
been forced to abandon population control strategies and face prejudiced
preconceptions that limit women’s power as a result of the Indian courts’
strong acknowledgment of reproductive rights as basic freedoms. In contrast,
the emphasis now is on putting women’s rights to bodily integrity, autonomy,
and dignity first in legislation and policies pertaining to reproductive
health. The judiciary is also essential in ensuring that court judgments are
carried out.
Indian courts will provide decisions
on ongoing cases in the next years, including those requesting modern
interpretations or revisions of the Medical Termination of Pregnancy (MTP) Act
or the strengthening of the foundation for the law against child marriage. They
will also touch on recent problems like surrogacy. The judicial branch is
strongly urged to continue protecting and maintaining women’s reproductive
rights by the legal protections outlined in the aforementioned judgements.
These rights, which include autonomy and reproductive health, must be
safeguarded for underrepresented groups in upcoming legal proceedings.
The Indian Constitution acknowledges
the value of reproductive rights and the necessity for easily accessible and
secure abortion procedures. Due to a lack of knowledge, societal stigma, and a
deficient healthcare system, women in India still struggle to exercise their
rights. India should concentrate on raising awareness, putting comprehensive
policies into place, and modifying legislation to take into account new demands
in order to overcome these obstacles and achieve its commitment to women’s
reproductive autonomy. With this strategy, all women will have access to safe
and legal abortion services, regardless of their socioeconomic status or
geographic location.
[1] Parmanand Katara v.
Union of India, (1989) 3 S.C.R.997.
[2] Convention on the
Elimination of All Forms of Discrimination against Women, 18 December 1979,Art.
4(2), 5(b), 10(h), 11(1)(f), 12, 14(2)(b), 16, G.A. Res. 34/180 U.N. GAOR, 34th
Session.
[3] Apparel Export
Promotion Council v. Chopra, (1999) 1 SCR 117.
[4] World Health
Organization (WHO), Child Marriages: 39,000 every day, U.N. Press Release
(2013); Paul Hunt -Addendum - Mission to India, para. 94, U.N. Doc.
A/HRC/14/20/Add.2 (April 15, 2010).
[5] Ravi
Duggal&Vimal Ramachandran, The abortion assessment project - India: key
findings and recommendations, Reproductive. Health Matters,12(24
Suppl):122-9 (2004).
[6] Committee on the
Rights of the Child, Concluding Observations: India, U.N. Doc. CRC/C/
IND/CO/3-4 (2014).
[7] UNESCO, State
of world population 2022: Seeing the unseen; the case for action in the
neglected crisis of unintended pregnancy, UNFPA (2022).
[8] Royal College of
Obstetricians and Gynaecologists. The care of women requesting induced
abortion. (Evidence-based Clinical Guideline No 7). London: RCOG; 2011 Nov 23
[cited 2018 Sep 6]. Available from:
https://www.rcog.org.uk/globalassets/documents/
guidelines/abortion-guideline_web_1.pdf
[9] Ministry of Law and
Justice, Govt of India. The Medical Termination of Pregnancy (Amendment) Act
2021, no 8 of 2021. The Gazette of India.CG-DL-E-26032021-226130.
[10]Ghosh v. Ghosh,(2002)
2 SCC 73.
[11]Suchita Srivastava
& Anr v. Chandigarh Administration, (2009) 11 S.C.C. 409.
[12]Dr. Mangla Dogra
& Others v. Anil Kumar Malhotra & Others, 2011 SCC OnLine P&H
16211.
[13]Hallo Bi v. State of
Madhya Pradesh and Others, 2013 (1) MPHT 451.
[14]Ms. X v. Union of
India and Others,2023 SCC OnLine Del 2361; Chandrakant Jayantilal Suthar v.
State of Gujarat, (2015) 8 SCC 721.
[15]Madhuben Arvindbhai
Nimavat v. State of Gujarat High Court, (2016) 1 S.C.R. 662.
[20](2018) 13 SCC 339.
Article Information
THE CONSTITUTIONAL FRAMEWORK FOR REPRODUCTIVE RIGHTS, INCLUDING ACCESS TO ABORTION SERVICES
Authors: Sakshi Soni
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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