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Mahesh

23/04/24 10:39 AM IST

SC allows abortion of 30-week foetus

In News
  • The Supreme Court has allowed a 14-year-old victim of sexual assault to terminate her almost 30-week pregnancy.
MTP Act
  • The Medical Termination of Pregnancy Act, 1971 (MTP Act) allows the termination of pregnancy under the following circumstances.
  • Upto 20 weeks, termination is allowed on the advice of one doctor.
  • In case of a pregnancy of 20-24 weeks, abortion is allowed as an exception, but only under certain categories, after two registered medical practitioners have evaluated the right to seek termination.
  • Section 3B of the Rules under the MTP Act lists seven categories of forced pregnancies, including statutory rape in case of minors or sexual assault; women with disabilities; or when there is a change in marital status of women during pregnancy.
  • After 24 weeks of pregnancy, the law requires that a medical board be set up in “approved facilities”, which may “allow or deny termination of pregnancy” only if there is substantial foetal abnormality.
Issue
  • This year Supreme Court refused to allow a 26-year-old woman to terminate her 32-week pregnancy after the Delhi High Court first allowed the abortion and then recalled its order following a plea by the Centre to consider protecting the right to life of the unborn baby.
  • A Bench headed by Justice Nagarathna had held a special sitting on a Saturday (when the court is shut) to allow termination of pregnancy of a rape survivor whose pregnancy was at 27 weeks and three days.
  • There are also instances in which a court has overruled the decision of the medical board to allow termination.
  • In ‘Bhatou Boro v. State of Assam’ (2017), Gauhati High Court overruled the medical board’s refusal to give an opinion for termination of pregnancy of over 26 weeks of a minor rape survivor.
  • Foetal viability in 1973 was pegged at 28 weeks (7 months), which is now with scientific advancement lower at 23-24 weeks (6 months). It has been argued, therefore, that foetal viability is an arbitrary standard.
  • The criticism of India’s law is that the decision to terminate after 20 weeks is shifted to doctors and not the woman. While this aspect is not challenged in court, frequent cases of women approaching the court at the eleventh hour point to a legislative gap.
  • The Indian legal framework on reproductive rights tilts to the side of the woman’s autonomy to decide and choose more than towards the rights of the unborn child
Source- Indian Express

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