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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.)



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 4 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (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.
Regards
Nirali Nayak
Law Student

Archana Pandey   21 January 2022

  • Yes, abortion is legal in India but please be informed that abortion is permissible only in certain medical grounds where as protection of mother's life is necessary. However, there are few significant modifications have been done after amendments in MTP act 2021, such as;
  1. Weeks duration has been extended from 20 to 24 week for Rape survivors & incest survivors but only after the written approval of two registered doctors for termination.
  2. Pregnancies of 20 weeks can be terminated, after the clearance of one doctor.
  3. No gestational limit has been mentioned, if there is a case of foetus failure.
  4. Now unwanted pregnancies can be terminated as a result of contraceptive failure regarless of woman's marital status.
  • Yes, LGBT rights are having legal status now, In one of the landmark judgement, The SC has held that Article 19 says - its everyone's right to express his identity freely & Further in Article 21- it says that Right to live with Privacy, dignity and autonomy. Reference to your query, aadhar and eating beef are also having legal status, portal itself has an option for transgender.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 January 2022

Regarding abortion: Long ago, during the time of and before Indira Gandhi became Prime Minister, abortion was illegal in India. It may be because earlier all our laws were made by the British and the British being Christians would have followed Christian concepts. Indira Gandhi legalised abortion not to restore women's rights but as a measure of population control. All  reasonings such as women's rights etc whether in India or USA are just hotch-potch. If there was nothing like s*x drive and desire of people to have children and women were given the right not to become pregnant or to abort if became pregnant, the human race will become extinct long before the wildlife species, which we are trying to protect.

Regarding beef-eating: Hindus (I am a Hindu) may shout from house-tops that they are secular. But in India secularism means tolerating Muslim fanaticism. For the secular Hindus, Indian Union Muslim League is a secular party. An overwhelming majority of Hindus, OBC upwards, are fanatically against beef-eating. Our Constitution makers stealthly introduced Article:48 in our Constitution. This Article says that measures shall be taken to modernise agriculture and in pursuit of that measures shall be taken to protect cattle and its progeny. What is the connection between modernisation of agriculture and protection of cattle?  Agriculture of course include animal husbandry and we need to encourge milk production. No substitute for milk has been invented so far. Cows are necessary. But when we mechanise agriculture tractors will replace bullocks (they have already replaced) and bullock-carts will be replaced by motor vehicles. And the funny thng is that there is ban only on the slaughter of cows. Our commercial production of milk mostly comes from buffaloes. But they can be slaughtered, why?  Because they are ugly and dirty to look at. If your mother is not beautiful to look at, she can ill-treated or even killed. No technology has been invented to reproduce selectively only female calves and  fewer male calves for the purpose of reproduction. What shall we do with the surplus of bulls?  Article 48 of the Constitution is unconstitutional. Can you strike it off through public-interest litigation?  I doubt.  A majority of our judges are devout Hindus. And the few Muslim and Christian judges will not dare.  I do not eat beef, because I am a vegetarian by birth. But whenever I go abroad I eat sirloin beef steak. The waiter will ask 'rare, meduim or well-done'. I will say 'well done'. Beef steaks are tasty. They come without bones.  Some in India think that Jersey cows can be eaten, why? Because their father is in New Jersey, USA and hence a Christian. Jersey cows are not Hindus.


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