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Supreme Court Allows Abortion of 30-Week Foetus

April 23, 2024

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.

The Question of ‘foetal viability’ in Abortion in India

  • 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.

 

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Abortion Law in India

  • 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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