The purposive interpretation of the medical termination of pregnancy act 2021 by the apex court of India: A logical analysis of the statute Kalsi Gagandeep1, Dasari Harish2,*, Chauhan Mohit3, Singh Amandeep4 1Post PG Demonstrator, Department of Forensic Medicine & Toxicology, Government Medical College & Hospital, Chandigarh 2Professor & Head, Department of Forensic Medicine & Toxicology, Government Medical College & Hospital, Chandigarh 3Assistant Professor, Department of Forensic Medicine & Toxicology, Lady Hardinge Medical College, New Delhi 4Professor, Department of Forensic Medicine & Toxicology, Government Medical College & Hospital, Chandigarh *Corresponding Author: Dr. Dasari Harish Professor & Head, Department of Forensic Medicine & Toxicology, Government Medical College & Hospital, Chandigarh, E-mail: dasariharish@gmail.com Contact : +91-88475-44063
Online published on 19 December, 2023. Abstract A woman’s decision to seek an abortion may not be a flippant choice. It may be the only solution to a myriad of stressful situations related to her pregnancy. Unsafe abortions are a major contributing factor of the increased maternal mortality and morbidity and are recognised as a major public health concern, worldwide. Despite the enactment of the MTP Act in 1971, unsafe abortions continue to be the third leading cause of maternal mortality, and close to eight women in India die each day due to causes related to unsafe abortions. A major amendment to the Act was made in 2021 which increased the upper gestational limit to 24 weeks and included all women, whether married or unmarried within its ambit to ensure safe and legal abortion services to all women. The MTP Rules were also amended, which included certain categories of women who are eligible for abortion between 20 to 24 weeks, excluding the unmarried women, which led to the decision of the Supreme Court to include unmarried women for the medical termination of pregnancy up to 24 weeks. In its landmark judgment in Ms X vs The Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi & Anr, the Hon’ble Court allowed a 25-year-old unmarried woman to undergo termination of her pregnancy at a gestational age of 24 weeks. In this article we will discuss about the Hon’ble Supreme Court of India’s interpretation of this amendment, where, for the first time ever concept of ‘marital rape’ was recognized by the apex court, though for MTP purposes. Top Keywords MTP Amendment Act & Rules 2021, Pregnancy, Abortion, Unmarried Women, Marital Rape, POCSO Act. Top |