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.
Source: Barandbench
