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The Supreme Court has declared that the right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity, as it allowed an appeal by a 25-year-old rape survivor against the Gujarat High Court's order rejecting her plea to terminate over 27-week pregnancy.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said in the context of abortion, the right of dignity entails recognising the competence and authority of every woman to take reproductive decisions, including the decision to terminate the pregnancy. 

"Although human dignity inheres in every individual, it is susceptible to violation by external conditions and treatment imposed by the State. The right of every woman to make reproductive choices without undue interference from the state is central to the idea of human dignity. Deprivation of access to reproductive healthcare or emotional and physical well-being also injures the dignity of women," the bench said.

The top court termed the HC's order "ex facie contradictory" and "highly improper" in view of the report by a medical board that "the medical termination of pregnancy would not adversely affect child bearing capacity and general health of the survivor in future."

The bench further said, "In Indian society, within the institution of marriage, generally pregnancy is a reason for joy and celebration and of great expectation, not only for the couple but also for their families and friends. By contrast, pregnancy outside marriage, in most cases, is injurious, particularly, after a sexual assault/abuse and is a cause for stress and trauma affecting both the physical and mental health of the pregnant woman the victim. Sexual assault or abuse of a woman is itself distressing and sexual abuse resulting in pregnancy compounds the injury. This is because such a pregnancy is not a voluntary or mindful pregnancy."
 
The bench cited the Supreme Court's judgement in case of  'Suchita Srivastava v. State' (UT of Chandigarh), which expressed that the right of a woman to have reproductive choice is an insegregable part of her personal liberty, as envisaged under Article 21 of the Constitution. She has a sacrosanct right to her bodily integrity.

It also relied upon the Supreme Court's decision in the case of 'X vs. The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi and Ors' (2022) which observed that a woman can become pregnant by choice irrespective of her marital status. In case the pregnancy is warranted, it is equally shared by both the partners. However, in case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman affecting her mental and physical health. Article 21 of the Constitution recognises and protects the right of a woman to undergo termination of pregnancy if her mental or physical health is at stake. Importantly, it is the woman alone who has the right over her body and is the ultimate decision-maker on the question of whether she wants to undergo an abortion.

Case Title: XYZ Vs. State of Gujarat & Ors

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