Current Affairs

Source: Supreme Court

Why in News?

Recently the Supreme Court held that the Medical Board, in forming its opinion on the termination of pregnancies must not restrict itself to the criteria under Section 3(2-B) of the Medical Termination of Pregnancy Act, 1971 (MTP Act) but must also evaluate the physical and emotional well-being of the pregnant person in terms of the judgment.

What was the Background of A (Mother of X) v. State of Maharashtra & Another Case?

• X is 14-year-old girl (minor) and is alleged to have been subjected to sexual assault in September 2023.
• X revealed about the incident in March 2024 when she was 25 weeks pregnant.
• X was not aware that she was pregnant. X, it has been averred, always had irregular periods and could not have assessed her pregnancy earlier.
• An FIR was registered in Turbhe MIDC Police Station against the alleged perpetrator for offences punishable under Section 376 of the Indian Penal Code, 1860 and Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act 2012.
• X was taken to a hospital for medical examination and then transferred to the JJ Group of Hospitals, Mumbai for termination of her pregnancy.
• The Medical Board was formed under the Medical Termination of Pregnancy Act 1971.
• As per the reports of the Medical Board, X was physically and mentally fit for termination of her pregnancy subject to the permission of the High Court.
• The appellant moved the High Court. The Medical Board issued a clarificatory opinion without any re-examination of X.
• The report denied the termination of pregnancy on the ground that the gestational age of the fetus was twenty-seven to twenty-eight weeks and that there were no congenital abnormalities in the fetus.
• The High Court denied permission to terminate her pregnancy.
• The Appellant moved the Supreme Court under Article 136 of the Constitution of India, 1950 (COI).

What were the Court’s Observations?

• The Supreme Court took note of the fact that the report of the Medical Board which is considered by the High Court had not dealt with the impact of the pregnancy on the physical and emotional well-being of X.
• A fresh Medical Board was directed to be constituted.
• The Court observed that this medical report does not contain an evaluation of the physical and mental status of the minor who is barely fourteen years old, particularly having regard to the background leading up to the pregnancy, including the alleged sexual assault.
• After that the minor was examined by a team of six doctors constituted by the Dean (new Medical Board).
• After examining X, the Medical Board opined that the gestational age of the fetus was 29.6 weeks and continuation of pregnancy will negatively impact the physical and mental well-being of X.
• The Court set aside the judgment of the High Court and allowed X to terminate her pregnancy.
• The opinion of the pregnant person must be given primacy in evaluating the foreseeable environment of the person under Section 3(3) of the MTP Act.
• The Court also stated that the right to choose and reproductive freedom is a fundamental right under Article 21 of the COI.

What are the Landmark Judgments Cited in this Case?

• X v. State (NCT of Delhi) (2023):
  • The opinion of the Registered Medical Practitioner (RMP) is decisive in matters of termination of pregnancy under the MTP Act.
  • The purpose of the opinion of the RMP borrows from the legislative intent of the MTP Act which is to protect the health of a pregnant person and facilitate safe, hygienic, and legal abortion.
  • The right to abortion is a concomitant right of dignity, autonomy and reproductive choice. This right is guaranteed under Article 21 of the COI.
• XYZ v. State of Gujarat (2023):
  • The Court held that the medical board or the High Court cannot refuse abortion merely on the ground that the gestational age of the pregnancy is above the statutory prescription.

What is the Medical Termination of Pregnancy Act, 1971?

• The Government of India set up the Shah Committee under Mr. Shantilal Shah to propose certain law regarding the termination of pregnancy.
• The Shah Committee recommended that abortion should be legalized.
• The MTP Act was passed in August 1971 and came into operation on 1^st April 1972.
• The Act was enacted to provide lawful termination of pregnancies by a registered medical practitioner in the circumstances provided under the Act.
• The MTP Act provides rights of the woman who wishes to undergo the termination and is surrounded and premised her consent, well-being and health.
• Section 3 of the MTP Act states the conditions under which pregnancy can be terminated.
• As per Section 3 of the MTP Act a pregnancy can be terminated only by one RMP.
• If the pregnancy is of 12 weeks, it may be terminated on the basis of the opinion of one RMP. And if the duration is between 12 weeks -20 weeks, then the opinion of two registered medical practitioners is required to terminate the pregnancy.
• If the pregnancy exceeds 20 weeks, then the pregnant woman has to approach the High Court or Supreme Court through a writ petition.
• The Court can give directions for the formation of a medical board and based on the report of the medical board the court can allow or disallow the abortion.
• Further, since the MTP Act only allows abortion beyond twenty-four weeks if the fetus is diagnosed with substantial abnormalities.
• Section 3(2-B) of the Act stipulates that no limit shall apply on the length of the pregnancy for terminating a fetus with substantial abnormalities.
• Section 5 of the MTP Act prescribes that a pregnancy may be terminated, regardless of the gestational age, if the medical practitioner is of the opinion formed in good faith that the termination is immediately necessary to save the life of the pregnant person.
• The upper gestation limit from 20 to 24 weeks of pregnancy was raised for special categories of women, including survivors of rape, victims of incest and other vulnerable women (differently abled women, minors, among others) by the Medical Termination of Pregnancy (Amendment) Act, 2021.
• The Amendment Act, 2021 allows unmarried women to also terminate a pregnancy.