Notice to the Centre Regarding Women’s Reproductive Rights Age Restriction

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Notice to the Centre Regarding Women’s Reproductive Rights Age Restriction

The Supreme Court has asked the Centre to respond to a petition challenging the age restriction of 35 years on women’s reproductive rights for pre-conception and pre-natal diagnostic procedures.

A bench of Justices SK Kaul and Abhay S Oka issued a notice to the Union government and others on a petition filed by an advocate alleging that the age restriction restricts women’s reproductive rights.

Notice To Centre On Plea Against Age Restriction On Women's Reproductive Rights

“She refers to Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 to argue that the age restriction of 35 years is a restriction on women’s reproductive rights, and in light of the recent judgement of this Court…Issue notice restricted to the aforesaid aspect,” the notice stated.

The Supreme Court was hearing a petition brought by counsel Meera Kaura Patel, who argued that the age restriction of 35 years in Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 restricts women’s reproductive rights.

According to the statute, no pre-natal diagnostic methods may be utilised or performed unless the pregnant lady is over the age of 35.

The Supreme Court previously held in a significant ruling on women’s reproductive rights that all women are entitled to safe and legal abortion until 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act, and that making any distinction based on marital status is “constitutionally unsustainable.”

 

 

 

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