Court shows the way, law must follow, Pg11

Key Highlights:

• The Supreme Court (SC) has permitted abortions beyond 24 weeks in two cases this year, emphasizing women's reproductive autonomy.
• A recent case involved a 15-year-old who conceived through a consensual relationship and sought abortion at 27 weeks.
• The SC overturned a Delhi High Court (HC) judgment that denied permission for abortion based on an AIIMS medical board recommendation.
• The court reiterated that women cannot be forced to carry an unwanted pregnancy to term, prioritizing the mother's well-being over the unborn fetus.

Detailed Insights:

• The Medical Termination of Pregnancy (MTP) Act, 1971, amended in 2021, allows abortions up to 24 weeks, but late-term abortions often require court intervention.
• The SC emphasized that medical institutions should provide services without imposing their choices on citizens, respecting informed decisions regarding termination of pregnancy.
• Concerns about foeticide and fetal viability arise in late-term abortions involving preterm birth, with the court opposing forced adoption as a solution.
• Low adoption rates in India and the psychological trauma of relinquishing a child make forced adoption an unfair expectation for women seeking late-term abortions.
• The MTP Act recognizes mental health concerns like anguish from contraceptive failure or rape as grounds for abortion, and fetal abnormalities allow termination at any stage.
• The Supreme Court's recognition of reproductive autonomy as a fundamental right necessitates legislative guarantees to allow abortion based on a woman's anguish, regardless of gestational limits.

Key Concepts Involved:

• Reproductive Autonomy: The right of individuals to make free and informed decisions about their reproductive health and choices.
• Foeticide: The act of causing the death of a fetus.
• Gestational Limits: The legally defined timeframes within which an abortion can be performed during a pregnancy.