Browse by Stream
QnA
Home
QnA
Go To Your Study Dashboard

Get Answers to all your Questions

header-bg qa
  • Home
  • Law
  • Read the following passage and answer the question. Until the 1960s, abortion was illegal in India and unless the procedure was done in good faith to save the life of the

Read the following passage and answer the question.

Until the 1960s, abortion was illegal in India and unless the procedure was done in good faith to save the life of the mother, a woman could face three years of imprisonment and/or a fine under Section 312 of the Indian Penal Code, 1860 if she tried to abort her fetus. It was in the mid-1960s that the government set up the Shantilal Shah Committee to enquire whether India needed a law to regulate abortions. Based on the report of this Committee, a medical termination bill was passed by Parliament in August 1971. The title of the law, the Medical Termination of Pregnancy (MTP) Act, 1971 was strategically chosen to avoid any religious or ethical objections and impart a medical reasoning behind permitting such procedures.

Under MTP Act, every State government or Union Territory, shall by notification in Official Gazette, constitute a board to be called a Medical Board for purposes of the MTP Act, to exercise the powers and functions as may be prescribed under MTP Rules. The court can interpret Rule 3B(c) in such a manner that the change of marital status should be a broad category which would include a married woman who has been abandoned and also an unmarried, who suffered abandonment. Justice Chandrachud said that if the rule is understood as only for married women, then it would perpetuate the stereotype that only married women indulge in sexual activities, which is not constitutionally sustainable. The Court said that the rights of reproductive autonomy give the same rights to married as well as unmarried women.

Thus, the emerging jurisprudence on the right of abortion acknowledges a woman’s sacrosanct right to bodily integrity and includes her reproductive choices as a dimension of her ‘personal liberty’. This has made safer abortions accessible to women without compromising their dignity or confidentiality.

Question :

In which of the following landmark cases the Court recognized the constitutional right of women to make reproductive choices, as a part of personal liberty under Article 21?

Option: 1

Justice K.S. Puttaswamy (Retd.) v. the Union Of India And Others (2017), 


Option: 2

‘X’ v. Principal Secretary (2022),


Option: 3

Both (1) and (2)


Option: 4

Roe vs. Wade


Answers (1)

best_answer

In Justice K.S. Puttaswamy (Retd.) v. the Union Of India And Others (2017) and in ‘X’ v. Principal Secretary the court recognized the constitutional right of women to make reproductive choices, as a part of personal liberty under Article 21 of the Indian Constitution.

Posted by

Sayak

View full answer

Similar Questions

Trending Articles/News

anam-khan

CLAT 2025 Hearing LIVE: Delhi HC seeks response from Consortium in 2 weeks; next hearing on April 7
anam-khan

CLAT PG counselling 2025 dates soon for LLM; category-wise expected cut-offs for top NLUs
anam-khan

CLAT 2025 counselling likely to begin after Delhi HC hearing on March 3; selection process explained

Latest Question