Laws on Abortion

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Context:

• The Supreme Court, led by Chief Justice of India D Y Chandrachud, has granted permission for a 14-year-old victim of sexual assault to terminate her almost 30-week pregnancy.
• The decision was made based on the opinion of the dean of a municipal hospital in Mumbai, who stated that continuing the pregnancy could negatively impact the physical and mental well-being of the minor.

Legal Framework for Abortion in India

The Medical Termination of Pregnancy Act, 1971 (MTP Act) governs abortions in India. Under this act:

• Abortions up to 20 weeks are allowed based on the advice of one doctor.
• Abortions from 20 to 24 weeks are allowed under certain categories, after evaluation by two registered medical practitioners.
• Section 3B of the Rules under the MTP Act lists seven categories of forced pregnancies, including statutory rape, disabilities in women, or changes in marital status during pregnancy.
• After 24 weeks, termination can be allowed only if there is substantial foetal abnormality, and a medical board must evaluate the case.

PROVISIONS IN DETAILS:

https://www.iasgyan.in/daily-current-affairs/abortion-rights-in-india#:~:text=The%20recommendations%20of%20the%20Shah,%2C%20rape%2C%20or%20contraceptive%20failure.

https://www.iasgyan.in/daily-current-affairs/right-to-abortion-in-india

Court's Decisions on Late-Term Abortions

• The Supreme Court has allowed terminations beyond 24 weeks in exceptional cases, such as when the pregnancy endangers the woman's life or is a result of rape.
• In some cases, the court has overruled the decision of medical boards that denied termination.

Foetal Viability and Rights of the Unborn Child

• The concept of "foetal viability," or the ability of the foetus to survive outside the womb, has been a significant factor in abortion law in many jurisdictions, including the US.
• In the US, the landmark 1973 Supreme Court verdict in 'Roe v Wade' allowed abortion up to the point of foetal viability, initially considered at 28 weeks and now lower at 23-24 weeks due to scientific advancements.
• In India, the MTP Act does not explicitly mention foetal viability as a criterion for abortion. However, courts have considered it in some cases, reflecting a shift in legal interpretation.

• In general the Indian legal framework leans towards the woman's autonomy in reproductive decisions.

Foetal Viability and Rights of the Unborn Child

• Critics argue that the MTP Act's reliance on doctors to approve late-term abortions shifts the decision away from the woman, highlighting a legislative gap.
• The law's emphasis on medical evaluation rather than the woman's choice has led to cases of women approaching the court at the eleventh hour for approval, indicating a need for more clarity and accessibility in the law.

Conclusion

• The Indian legal perspective on abortion emphasizes women's rights to decide and choose, with the courts often siding with the woman's autonomy over the rights of the unborn child.
• While the law allows for abortion in certain circumstances, including late-term abortions in exceptional cases, there is ongoing debate about the balance between women's rights and the rights of the unborn child.