Overview
The Supreme Court, in a series of judgments (2024‑2026), has permitted termination of pregnancy beyond the statutory ceiling of 24 weeks for minor girls who are unwilling to continue the pregnancy. The decisions hinge on the Medical Termination of Pregnancy Act (MTPA) and the powers of a Medical Board. The rulings challenge the conventional view that only life‑threatening or gross fetal anomalies justify crossing the gestational limit.
Key Developments (2024‑2026)
- Oct 12 2021 – Union Government notifies the Medical Termination of Pregnancy (Amendment) Rules 2021.
- 2024 – Justice DY Chandrachud delivers two contrasting judgments (2022 & 2023) on termination beyond 24 weeks.
- Feb 2026 – Justice BV Nagarathna permits abortions beyond the statutory limit for minors.
- Apr 2026 – In S v. UOI, a 15‑year‑old girl’s request for termination at 28 weeks is upheld after the Delhi High Court’s refusal, following a Medical Board recommendation.
- 2026 – The Court stresses that forcing a woman to give birth and then offering adoption undermines her welfare and may drive abortions underground.
Important Facts
• The 2021 amendment raised the upper gestational limit from 20 weeks to 24 weeks and introduced a provision (Rule 3A(a)(i)) empowering a Medical Board to approve abortions beyond 24 weeks on health‑safety grounds.
• Exceptions to the 24‑week ceiling remain: imminent danger to the woman's life and substantial fetal abnormalities incompatible with life.
• The Supreme Court can invoke Article 32 or Article 226 when statutory limits are exceeded.
Exam Relevance
Understanding the evolving jurisprudence on abortion is crucial for GS 2 (Polity) and GS 5 (Ethics). The cases illustrate:
- How constitutional provisions (Articles 32, 226) interact with statutory frameworks like the MTPA.
- The role of the judiciary in interpreting “right to privacy” and “reproductive autonomy” post‑Roe v. Wade reversal.
- Implications for public health policy, especially in disaster or humanitarian settings (as per the Act’s clause (g)).
- Intersection with the POCSO Act and the Juvenile Justice Act, highlighting the need for a “Romeo‑Juliet” clause.
Way Forward
• Legislative amendment to remove the 24‑week ceiling for pregnancies resulting from rape of minors, ensuring a gender‑sensitive, health‑oriented approach.
• Clear guidelines for Medical Boards to assess psychological distress alongside physical health, reducing subjectivity.
• Strengthening counseling services and safe‑abortion facilities to prevent reliance on illegal providers.
• Periodic review of the MTPA to align with evolving Supreme Court jurisprudence and international human‑rights standards.