In the case X versus The Principal Secretary Health and Family Welfare Department & Anr (sc 2022), Justices DY Chandrachud, Surya Kant and AS Bopanna recognised that under Article 21 of the Constitution, a woman’s right to reproductive choice is an inseparable part of her personal liberty.
The overturning of Roe vs Wade by the United States Supreme Court has meant that the Constitutional right to abortion has been taken away; a severe blow to a woman’s ability to make decisions about her own body. The debate raging over this topic begs the question: What rights do women have in this country with respect to pregnancy and beyond?
The Delhi High Court has allowed a 28-week pregnant woman to undergo medical termination of pregnancy on account of substantial foetal abnormality by observing that reproductive choice is a facet of the reproductive rights of a woman and a dimension of her personal liberty enshrined in Article 21 of the Constitution.