Right to make reproductive choices sans interference central to woman's dignity: SC

The top court on August 21 allowed an appeal by a 25-year-old rape survivor against the Gujarat High Court's order rejecting her plea to terminate over 27-week pregnancy.

The Supreme Court has said that the right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity.

The top court on Monday allowed an appeal by a 25-year-old rape survivor against the Gujarat High Court's order rejecting her plea to terminate over 27-week pregnancy.

A bench of Justices B V Nagarathna and Ujjal Bhuyan emphasised, in the context of abortion, the right of dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy.

"Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the State. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women," the bench said in its written order.

Dealing with the woman's plea, the bench found the HC's order "ex facie contradictory" and "highly improper" as it did not consider a report by the medical board that the medical termination of pregnancy would not adversely affect child bearing capacity and general health of the survivor in future.

The bench said in Indian society, general pregnancy within the institution of marriage, is a reason for joy and celebration and of great expectation, not only for the couple but also for their families and friends.

"By contrast, pregnancy outside marriage, in most cases, is injurious, particularly, after a sexual assault/abuse and is a cause for stress and trauma affecting both the physical and mental health of the pregnant woman the victim. Sexual assault or abuse of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not a voluntary or mindful pregnancy," the bench said.

The court referred to a previous judgement which stated Article 21 of the Constitution recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake.

Importantly, it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion, the bench quoted the earlier decision in the case of 'X vs The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi and Ors' (2022).