Term 'Women' in MTP Act judgment includes cis-women and persons of other gender identities requiring access to safe abortion: Supreme Court

The Supreme Court on Thursday, delivered a significant decision that reaffirmed that the right to reproductive choice, being a facet of Article 21 of the Constitution of India, is applicable to women, as well those who identify as any other gender but require access to safe reproductive healthcare. [X v The Principal Secretary Health and Family Welfare Department, Delhi NCT Government & Anr.]..Even before discussing the provisions of the Medical Termination of Pregnancy Act, the bench of Justices DY Chandrachud, AS Bopanna and JB Pardiwala, went into a crucial, and so far, little recognised aspect when dealing with issues surrounding women and reproductive health.That for the purpose of the MTP Act and the instant judgment, the usage of the term 'women' is not limited to just cis-women (person assigned female at birth and continues to identify as female) but also include those of other gender identities who have the reproductive system and needs of the female sex."Before we embark upon a discussion on the law and its application, it must be mentioned that we use the term “woman” in this judgment as including persons other than cis-gender women who may require access to safe medical termination of their pregnancies", the judgment stated at the outset..The judgment, authored by Justice Chandrachud, held that provisions MTP Act allowing termination of pregnancy beyond 20 weeks and upto 24 weeks cannot be denied to a woman merely because she is unmarried.It also said thatfor the purposes of the MTP Act, marital rape has to be considered as falling within the meaning of 'rape' in order to save women from forceful pregnancy..While it doesn't explicitly say anything further about the recognition of those of other genders needing reproductive healthcare, the judgment consistently uses the term "all", and not just women; all persons requiring access to MTP, all persons requiring contraceptives, in all sections of society.."The state must ensure that information regarding reproduction and safe sexual practices is disseminated to all parts of the population. Further, it must see to it that all segments of society are able to access contraceptives to avoid unintended pregnancies and plan their families. Medical facilities and RMPs must be present in each district and must be affordable to all. The government must ensure that RMPs treat all patients equally and sensitively. Treatment must not be denied on the basis of one’s caste or due to other social or economic factors. It is only when these recommendations become a reality that we can say that the right to bodily autonomy and the right to dignity are capable of being realized," the judgment stated..[LGBTQIA+] The judiciary's path towards "woke-ness" till 2021.[Read Judgment]