A Division Bench of Justices SK Mishra and Savitri Ratho held in a case that right to progeny and termination is a fundamental right under article 21 of the Indian constitution. The case was related to the pregnancy of rape victim girl who wanted to abort her pregnancy but couldn't because she was 21 weeks pregnant and according to Medical termination of Pregnancy act (MTP, Act) the medical termination of pregnancy is not permitted after 20 weeks. However, Medical termination of pregnancy (amendment) Bill, 2020 which is pending before the Rajya Sabha for consideration allows for the termination of pregnancy upto 24 weeks. While the division bench acknowledged that the bill is yet to be passed and hence cannot be considered as a law, its provisions are not binding. But the bench also observed that India has ratified the Convention for Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993 and is under an international obligation to ensure that the right of a women in reproductive choices is protected. It thus stated, "it is no doubt that right to progeny and termination thereof is a fundamental rights which springs from the right to life as enshrined under Article-21 of the Indian Constitution."The Court also referred to a plethora of cases whereby the Supreme Court had permitted medical termination of pregnancy, even after 24 weeks.