Right to Abortion

Two main factors:

 Rights of the mother
 Rights of the unborn child

Increase in the number of family planning and abortions

First trimester: in favor of the choice of woman

Second trimester: in favor of the fetus but largely in the favor of woman
Third trimester: in favor of the unborn child

2022: Roe v. Wade was overruled

Application of Strict level of Scrutiny: less chances of the discriminatory legislation to survive

Docks v. Jackson: If a law prohibits abortion after a certain period of time, rational basis test will be
applied by the Court, i.e. the State has to prove that they have a legitimate governmental purpose.

Poonam Sharma v. Union of India [Petition in SC INSC 919]: Matter appeared in front of two-judge
bench [Justice Hima Kohli and Justice Nagarathna], allowed the woman for termination of pregnancy.
Later, an AIIMS doctor wrote to SC that the child had chances of survival. Lead to split verdict by the
bench. Matter referred to a larger bench.

16th October, 2023: 3-judge bench of the Supreme Court refused to allow the termination of pregnancy.
Ordered the mother to carry the child till birth and later opt for adoption.

Right to Same-Sex Marriage

Supriyo @ Supriya Chakraborty v. Union of India (decided on 17th October, 2023):