It is humbly submitted to the Court that the Section 3(4)(a) of the Medical Termination Act of

1971 seeks to give the legal guardian of the woman who is pregnant to consent for abortion
on her behalf in case she is a minor or mentally-ill, is not in accordance with the International
Conventions that are ratified by India, leading to failure in ensuring reproductive rights to
disabled women.

The counsel humbly submits that the impugned section is not in accordance with the
International Covenant of Economic, Social and Cultural Rights as the Section does not
provide freedom for disabled women to pursue their social development of family and child.
There is an engagement of an activity that has destructed the rights provided in the covenant
with the help of the impugned Section.

The counsel submits that the impugned section is violative of the Convention on Elimination
of All Forms of Discrimination Against Women (CEDAW) and the Convention on Rights of
the Persons with Disability (CRPD) as the Section discriminates the disabled women to make
their own reproductive choices. The CEDAW and CRPD provide freedom to disabled women
to make choices as well as freedom of expression and opinion regarding family and
reproduction that is violated by the Section. Any legislative measures that discriminate
against women based on disability must be modified or abolished as per the International
Conventions. The Section thereby discriminating against disabled women must be either
modified or abolished. The counsel submits that Section 3(4)(a) violates the principles of the
Declaration of Sexual Rights that protect from discrimination of any kind, provides right to
liberty, and bodily integrity and provides right to privacy and on child matters. The
International Conventions ratified by India are violated due to the vagueness arising from
Section 3(4)(a).