Context: MTP Act time limits
In a recent Supreme Court proceeding (minor rape survivor case), the Court flagged that strict gestational limits under abortion law may violate the survivor’s rights.
MTP Act – Core Basics
- Full form: Medical Termination of Pregnancy Act, 1971 (amended 2021)
- Governs legal abortion in India
Time limits
- Up to 20 weeks → 1 doctor
- 20–24 weeks → special categories (including minors, rape survivors) → 2 doctors
- Beyond 24 weeks → only for foetal abnormalities (Medical Board)
Issue
- Minor rape survivor sought termination beyond legal limit
- Authorities reluctant due to statutory restriction
- Conflict: legal time limit vs survivor’s autonomy and trauma
Constitutional Basis
- Article 21 → Right to life includes dignity, bodily autonomy, reproductive choice
Supreme Court’s Observations and Advice
- Pregnancy due to rape causes severe and continuing trauma, especially for minors
- Forcing continuation violates Article 21 (dignity and autonomy)
- State and doctors cannot override survivor/guardian decision
Suggested
- Relax/remove time limits in such cases
- Time-bound decisions
- Need to amend MTP framework to make it more victim-centric
