Dobbs resonating in Delhi?: Examining the recent litigation in access to abortion
Prameela K
Published on: 8 August 2022, 08:39 am
To what length must a woman have to go in order to protect her fundamental right of bodily autonomy under Article 21?
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"REPRODUCTIVE freedom is not only a matter of bodily autonomy but also one of self-determination. When people have the ability to decide if, when, and how many children to have, they can make conscious decisions about other aspects of their lives, including education and work." — Damon Hewitt, American civil rights lawyer
"Why are you killing the child?… Everything will be looked after by the government of India or the Delhi government or some good hospital. I am also offering to pay", remarked the Chief Justice of the Delhi High Court last month, according to the Hindustan Times, in a recent case that has drawn national attention, when he refused a 25-year-old unmarried woman to terminate her pregnancy on account of a change in the relationship status during the 24th week of her pregnancy. The report noted that Chief Justice S.C. Sharma also remarked that there was a big queue for adoption, and that the woman can deliver the baby and give it up for adoption.
“The issue before the high court was whether an unmarried woman could avail an abortion. The high court answered in the negative, holding that the woman did not have a right to an abortion, as the change of status for an unmarried woman was "clearly not covered" by the law.
