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Pruthvi Nath (Student)     23 September 2017

Right to privacy

Can anyone please explain that why there is an obligation to take permission from SC to abort even after SC declared right to reproductive choice of a woman is part of her fundamental right to privacy? And also about LGBT rights, Beef eating, Aadhar data etc. comes under Right to Privacy or not? (means can we eat beef, LGBT can be seen as legal etc.)

 2 Replies

MPS RAMANI (Scientist/Engineer)     02 December 2017

Doctors and Hospitals refuse to abort a foetus after a certain number of weeks as the life of the mother will be at risk. If permission of the highest court is obtained the medical people will be relieved of their responsilbility.

Nirali Nayak   25 June 2021

Hello sir, greetings of the day.
As per your query, in Justice K S Puttaswamy v Union of India 2012, it recognised the constitutional right of women to make reproductive choices, as a part of personal liberty under Article 21 of the Indian Constitution. It also held that reproductive rights include a woman’s entitlement to carry a pregnancy to its full term, to give birth, and to subsequently raise children; and that these rights form part of a woman’s right to privacy, dignity, and bodily integrity. According to the Medical Termination of Pregnancy (MTP) Act, only the consent of woman whose pregnancy is being terminated is required before abortion. In late January 2020, the Union Cabinet amended the 1971 Medical Termination of Pregnancy (MTP) Act allowing women to seek abortions as part of reproductive rights and gender justice. A study, conducted by the Pratigya Campaign for Gender Equality and Safe Abortion, assessed the judicial role in access to safe abortion in India and analysed 194 writ petitions by women before the Supreme Court and High Courts, which sought permission to terminate their pregnancies. It recommended that the Ministry for Health and Family Welfare had issued a statement clarifying that pregnant women aren’t required to approach a court for permission to seek an MTP if the foetus is less than 20 weeks of gestation, that the MTP Amendment Bill, 2014 should be tabled and passed in the parliament with all amendments proposed.
And yes, the rights of LGBTQ community to eat beef and aadhar data etc does come under Right to Privacy. Right to eat whatever a person wants comes under the purview of Right to life.
Hope this solves your query.
Nirali Nayak
Law Student

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