Apex court to examine validity of provisions in abortion law

New Delhi: The Supreme Court Monday agreed to examine the constitutional validity of certain legal provisions that allow abortion only to save the woman's life or in case of abnormal foetus and allegedly violate women's right to health, "free reproductive choice" and "privacy".

The apex court sought response of the Central government on a PIL of three women who have sought that provisions like sections 3(2) (a) and 3(2) (b) of the Medical Termination of Pregnancy (MTP) Act, be declared as "void and unconstitutional" as they were violative of their fundamental rights.

"Issue notice," said a bench comprising Chief Justice Ranjan Gogoi and Justice Deepak Gupta.

The plea, filed by Swati Agarwal, Garima Sekseria, Prachi Vats, said a provision of the MTP Act mandated that the opinion of a registered medical practitioner to terminate pregnancy would be needed and the abortion after 20 weeks can only be allowed on the ground of risk to life of a pregnant woman and it violated the women's right to health, reproductive choice and privacy.

Section 3(2) (a) of the Act provided that for pregnancies not exceeding 12 weeks, a medical practitioner need to state that continuance of pregnancy would involve a risk to the woman's life or cause grave injury to her physical or mental health or there is substantial risk to the child if born, as it would suffer from serious physical or mental health abnormalities.