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xxx – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Devan Ramachandran, J.
1. Globally, always, at the core of all discourses relating to reproductive rights of women, is the inviolable doctrine of “bodily autonomy.”
2. Bodily Autonomy means “my body is for me; my body is my own.”
3. It is about power, choice and dignity - inherent in every human being.
4. Bodily Autonomy is the foundational edifice of gender equality and hence a constitutional right; and more so a component of the fundamental right itself.
5. It is only when women and girls have the means and ability to make decisions about their own bodies and lives – free from discrimination, violence or coercion – can they chart their own destiny, to realize full potential.
6. And when they do, the benefits extend not only to themselves, but to the community and to the nation itself.
7. Experience has long established that, societies flourish when women and children are empowered to exercise their Bodily Autonomy; but, many times, questions are posed as to its limits and perimeter.
8. According to the United Nations Population Fund (earlier called “United Nations Fund for Population Activities” or “UNFPA”), nearly half of all women in the world are denied Bodily Autonomy; and
The court affirmed that women's right to bodily autonomy is paramount, allowing for medical termination of pregnancy under the MTP Act when psychological distress is evident, recognizing both de jure....
(1) A woman can become pregnant by choice irrespective of her marital status – It is woman alone who has right over her body and is ultimate decision-maker on question of whether she wants to undergo....
The interpretation of 'change of marital status' in medical termination of pregnancy law encompasses situations of separation due to domestic abuse, ensuring autonomy and health of women.
A woman may terminate her pregnancy without her husband's consent if domestic circumstances warrant a change in marital status, pursuant to the provisions of the Medical Termination of Pregnancy Act.
Statute has recognized reproductive choice of a woman and her bodily integrity and autonomy – There is no basis to deny unmarried women right to medically terminate pregnancy when same choice is avai....
The court emphasized the importance of considering the impact of domestic violence on a pregnant woman's mental health and the need for a liberal and purposive interpretation of the Medical Terminati....
The court emphasized the need to interpret the provisions of the Medical Termination of Pregnancy Act, 1971 liberally, considering the pregnant woman's actual or reasonable foreseeable environment an....
The main legal point established in the judgment is that the MTP Act allows medical termination of pregnancy beyond the statutory cap of 24 weeks if continuing the pregnancy would cause grave injury ....
The court upheld that a pregnant woman's right to terminate a pregnancy beyond the statutory limit can be granted due to severe foetal health abnormalities affecting her mental health, interpreting t....
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