Recognise Abortion as a Human Right, Says Justice Hinchigeri
A woman’s right to decide whether or not to bear a child must be treated as a fundamental human right under the Constitution, said Justice Ashok B. Hinchigeri on Monday.
Bengaluru: A woman’s right to decide whether or not to bear a child must be treated as a fundamental human right under the Constitution, said Justice Ashok B. Hinchigeri on Monday. Speaking at a conference on reproductive rights and legal reform in Bengaluru, he called for amendments to India’s abortion laws to reflect medical, technological, and social realities.
“Under Article 21, every woman has the right to make personal decisions. The choice to carry or terminate a pregnancy should not be subjected to bureaucratic delays,” said Justice Hinchigeri, while inaugurating the event organised jointly by the Karnataka Institute for Law and Parliamentary Reform and Christ University’s School of Law.
While praising the Medical Termination of Pregnancy Act, 1971 as progressive, he said the law needs updating. “Even in countries like the US and parts of Africa, abortion is permitted up to 12 weeks regardless of the cause, and up to 20–23 weeks for medical or socio-economic reasons,” he noted. At later stages, however, the state's role in protecting the unborn often restricts a woman’s rights—highlighting patriarchal tendencies in policy, he said.
He cited the Indian Supreme Court’s ruling in the Suchita Srivastava case as aligning with the landmark US Roe v. Wade judgment in affirming women’s reproductive rights.
Justice Hinchigeri also urged the state to consider policy changes, including monthly leave or legal provisions under the Maternity Benefit Act, allowing pregnant employees to undergo regular health check-ups without losing wages.
Delivering a keynote address, legal expert Prof. Jogarao said the Supreme Court’s Puttaswamy ruling on the right to privacy reinforces the notion that bodily autonomy and reproductive choice are non-negotiable. But he also highlighted practical challenges posed by recent laws such as the Assisted Reproductive Technology (Regulation) Act and the Surrogacy (Regulation) Act of 2021.
“There is a need to strike a balance between state regulation and individual autonomy. Why are single women placed at a legal disadvantage compared to divorced women or members of the transgender community?” he asked, adding that reproductive law must evolve to address diverse realities. (eom
