Marital discord no ground for termination of pregnancy: SC

• Statutory Architecture of the MTP Act, 1971 (as amended in 2021): - Up to 20 weeks: Termination permitted on the opinion of one Registered Medical Practitioner (RMP). - 20 to 24 weeks: Requires the concurring opinion of two RMPs and is strictly restricted to vulnerable categories under Rule 3B (survivors of sexual assault/rape, minors, change of marital status like divorce or widowhood during ongoing pregnancy, women with physical disabilities, mental illness, or disaster/emergency situations). - Beyond 24 weeks: Permitted solely when substantial fetal abnormalities are diagnosed by a state-level Medical Board (Section 3(2B)), or immediately necessary to save the pregnant woman's life (Section 5). • The Legal Crux: Ordinary marital disputes or estrangement pending divorce proceedings do not legally equate to "change of marital status" (divorce or widowhood) defined under Rule 3B. When pregnancy reaches beyond 24 weeks, the fetus achieves viability, requiring courts to balance maternal reproductive autonomy against the state's interest in protecting potential human life. ⚖️ Key Legal Principles & Precedents: • Reproductive Autonomy vs. Viable Fetus: In *X vs Principal Secretary, Health & Family Welfare (2022)*, the Supreme Court firmly grounded a woman's reproductive choices and bodily integrity in Article 21 (Right to Personal Liberty and Dignity). However, past the 24-week viability mark, courts emphasize that abortion cannot be granted as an open-ended remedy unless statutory conditions or severe fetal/maternal medical risks exist. • Limits of Judicial Discretion: The Bench reiterated that constitutional courts exercising powers under Article 142 cannot grant relief in direct contravention of express statutory limits enacted by Parliament.

Clarifies the boundary between personal matrimonial discord and statutory grounds for medical termination of pregnancy. It highlights critical examination themes around bodily autonomy under Article 21, the legal status of an unborn viable fetus, and paternal standing in reproductive disputes.

• MTP Amendment Act 2021 enhanced the gestational upper limit from 20 to 24 weeks only for specified categories; it did not legalize unconstrained late-term termination. • "Change in marital status" during ongoing pregnancy applies explicitly to divorce decree or widowhood, not ongoing matrimonial friction. • The opinion of the statutory Medical Board on fetal viability and gestational age carries decisive weight in judicial determinations.