Supreme Court Allows Abortion of 30-Week Foetus

GS Paper II Indian Polity and Governance

Context

The Supreme Court has allowed a 14-year-old victim of sexual assault to terminate her almost 30-week pregnancy.

The judgment termed the case as a very very exceptional case where the girl (barely 14 years old) has to be protected, while allowing abortion of her 30 week foetus.

It is the time after which a fetus can survive outside the womb. Foetal viability is usually pegged at 23-24 weeks (6 months).
Origin: The idea originated with the landmark 1973 US Supreme Court verdict in ‘Roe v Wade’ whereby abortion was made a constitutional right up to the point of foetal viability.
India’s Case: The question of foetal viability (Right of an unborn child) vs Right of Abortion has arised in a case whereby,
- A two-judge all-woman Supreme Court bench disagreed on allowing a 27-year-old married woman to terminate her 26-week pregnancy after her fetal viability report was presented to the court.

The Medical Termination of Pregnancy Act, 1971 (MTP Act): It allows the termination of pregnancy under the following circumstances,
- Upto 20 weeks: Regular Termination of Pregnancy is allowed on the advice of one doctor.
- Between 20-24 weeks: Abortion is allowed but as an exception 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: It lists seven categories of forced pregnancies,
    - Survivors of sexual assault or rape or incest; Minors; Change of marital status during the ongoing pregnancy (widowhood and divorce); Women with physical disabilities ; Mentally ill women including mental retardation; The foetal malformation; Women with pregnancy in humanitarian settings or disaster or emergency situations.
- After 24 weeks: A medical board needs to be set up in approved facilities, which will take the decision to allow or deny termination but only if there is substantial fetal abnormality.

Also Read: Rights Of Women Vs. Rights Of The Unborn Child

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