An Analytical Study Of The MTP Act, 1971 And PCPNDT Act, 1994: Balancing Women’s Reproductive Rights With Gender Justice In India
- IJLLR Journal
- 6 days ago
- 2 min read
Ms. Kalpana Devi, Assistant Professor, Chandigarh Law College, Punjabi University, Patiala.
ABSTRACT
This study critically examines the interplay between the Medical Termination of Pregnancy (MTP) Act, 1971, and the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, highlighting the complex tension between women’s reproductive autonomy and the state’s mandate to prevent sex-selective practices in India. While the MTP Act seeks to safeguard women’s health and recognize their right to make informed reproductive choices, the PCPNDT Act aims to curb female foeticide and uphold gender justice. The coexistence of these statutes, however, generates legal and ethical friction, as medical practitioners are caught between providing care and complying with strict regulatory oversight, and women’s decisions are often viewed with suspicion. The research adopts a feminist legal theory lens combined with a principle-based constitutional analysis to explore how statutory provisions, judicial interpretations, and social norms shape reproductive rights. It investigates key points of conflict, including the “foetal abnormality” provision, gestational limits, and regulatory surveillance, and examines how these factors affect women’s agency, privacy, and access to safe abortion services. Landmark judicial rulings, such as Suchita Srivastava v. Chandigarh Administration and Justice K.S. Puttaswamy v. Union of India, underscore the recognition of reproductive autonomy as part of the fundamental rights to privacy and dignity, yet courts simultaneously enforce stringent anti-sex-selection measures under the PCPNDT framework. The study finds that while both Acts are constitutionally justified and socially necessary, their concurrent application can inadvertently constrain women’s reproductive freedom, foster defensive medical practices, and reinforce systemic gender biases. Recommendations include harmonized statutory interpretation, clear clinical guidelines, legal protection for doctors acting in good faith, and community-based gender sensitization. Ultimately, achieving a meaningful balance between reproductive autonomy and gender justice requires not only legislative clarity but also a societal transformation that values daughters equally to sons, ensuring that abortion decisions are exercised freely, safely, and without gendered prejudice.
Keywords: Reproductive Rights, Medical Termination of Pregnancy (MTP) Act, 1971, Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, Gender Justice, Female Foeticide, Bodily Autonomy, Privacy and Dignity, Judicial Interpretation, Foetal Abnormality, Legal Harmonization
