MTP Act time limits under review by Supreme Court in minor cases

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
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