Court Declines Abortion Plea, Says It Can’t ‘Stop Heartbeat’ Of Viable Foetus

Relevance: GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation; Issues related to Health & Women

(Source: The Hindu, 10/17/2023)

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Why in the news?

Recently, the Supreme Court rejected a request from a married woman to terminate her 26-week pregnancy on medical grounds, citing its reluctance to compel doctors to terminate the fetus's heartbeat, especially when medical assessments indicate that she is expected to deliver a "viable baby."

What does the Supreme Court clarify?

• A three-judge Bench led by Chief Justice D.Y. Chandrachud clarified that a woman does not have an absolute right to abort when the AIIMS medical board reports no immediate danger to her life or the fetus's.
• Section 5 of the Medical Termination of Pregnancy Act permits abortion only when there's an actual, immediate, and physical threat to a woman's life and health as determined by medical experts.
• Chief Justice Chandrachud said the term ‘life’ used in this provision cannot be equated to the broader meaning in which ‘life’ is used in Article 21 of the Constitution. It stressed that the term 'life' in this provision pertains to situations where a woman's existence is in immediate peril if the pregnancy continues.

Brief Description about the Case

• A 27-year-old married woman 26 weeks pregnant had approached the Supreme Court seeking to terminate her pregnancy citing inability to take care of the child due to post-partum depression and other health issues. She also has two other children.
• The Supreme Court on October 9 agreed to her plea, but two days later, a two-judge Bench of Justices delivered a split verdict when the government brandished a report from the All India Institute of Medical Sciences (AIIMS) which said that the foetus was viable and had a heartbeat.
• It was hence stated that aborting it at this stage would mean either putting a stop to the heartbeat or delivering the baby prematurely which might lead to severe complications both mental and physical for the child.
• The case was then referred to a larger Bench headed by the Chief Justice of India, which has observed that it cannot overlook the rights of an unborn child thus igniting a pro-life versus pro-choice debate.
• The petitioner through her counsel had argued that she was asking for her rights under Article 21 (protection of life and personal liberty), which overrides the MTP Act.

What does the Medical Termination of Pregnancy (MTP) Amendment Act 2021 say?

• The Medical Termination of Pregnancy (MTP) Amendment Act 2021, states that the opinion of only one registered medical practitioner will be required for the abortion of a foetus up to 20 weeks of gestation and of two for the termination of pregnancy from 20 to 24 weeks of gestation.
• The opinion of a state-level medical board is required for abortions over 24 weeks, in case of suspected foetal abnormalities.

How is the 2021 law different from the earlier 1971 MTP Act?

• The 2021 Act expanded abortion rights by raising the maximum gestation limit from 20 to 24 weeks for specific groups of women, such as survivors of rape, victims of incest, differently-abled individuals, and minors.
• It introduced a confidentiality provision safeguarding the identity and details of women who opt for pregnancy termination. This information can only be disclosed to authorized individuals as required by law.
• The 2021 Act widened access to Medical Termination of Pregnancy (MTP) services, allowing unmarried women to seek safe abortions due to contraceptive failure, ensuring that a woman's choice takes precedence over marital status.

What are the Concerns related to Abortions?

• Ethical and Moral Concerns: Many people have strong moral or religious beliefs regarding the sanctity of life, leading them to view abortion as morally wrong and the taking of an innocent life.
• Women's Reproductive Rights: Proponents of abortion rights argue that women have the right to make decisions about their own bodies and reproductive health. They argue that restricting access to abortion infringes on women's autonomy and reproductive rights.
• Foetal Pain: Concerns have been raised regarding the potential for fetuses at or beyond 20 weeks of gestation to experience pain when undergoing abortion procedures.
• Access to Safe and Legal Abortions: This can be a concern, particularly in areas with restrictive laws, limited healthcare facilities, or financial barriers, which may lead some individuals to seek unsafe and illegal abortions.
• Psychological and Emotional Impact: Some individuals may experience psychological or emotional distress after an abortion. Concerns about the potential long-term emotional impact are raised, although research on this topic is mixed and varies among individuals.
• Stigmatization: Abortion can be stigmatized, leading some women to feel judged or isolated for their choices. Reducing the stigma around abortion is important for creating a supportive and nonjudgmental environment.

Global Abortion Statistics from the WHO

• Approximately 73 million induced abortions occur annually on a global scale.
• Out of all unintended pregnancies, 61% result in induced abortion, and for all pregnancies, 29% end in induced abortion.
• About 45% of all abortions are considered unsafe, with a staggering 97% of these unsafe abortions happening in developing countries.
• Unsafe abortion stands as a major contributor to maternal mortality, yet it is a preventable cause of these deaths.

Abortions Law in India

• Until the 1960s, abortion was illegal in India and a woman could face three years of imprisonment and/or a fine under Section 312 of the Indian Penal Code (IPC).
• In the 1960s, the Union government constituted the Shantilal Shah Committee to prepare a draft for the legalization of abortion in India.
• In 1971, the Medical Termination of Pregnancy (MTP) Act was enacted to reduce maternal mortality due to unsafe abortions.
• The MTP Act was amended in 2003 to allow the use of the abortion medicine misoprostol, to medically terminate a pregnancy for up to 7 weeks.
• The MTP Act was again amended in 2021, it increased the upper limit of the gestation period to which a woman can seek a medical abortion to 24 weeks from the 20 weeks permitted in the 1971 Act.
• Sections of the Indian Penal Code that deals with abortion:
  • Section 312 prohibits the voluntary causing of a woman's miscarriage, making it illegal, unless it is done in good faith to save the pregnant woman's life. Violation of this section can lead to imprisonment for up to 3 years or a fine.
  • Section 313 deals with causing miscarriage without the pregnant woman's consent and carries a severe penalty, including life imprisonment or up to 10 years in jail, along with a fine, regardless of the pregnancy stage.

Global Trends in Abortion Laws

• On a global scale, there is a prevalent trend of moving towards more permissive abortion laws and improving accessibility to abortion services.
• Over the past three decades, approximately 60 countries have enacted measures to relax their abortion laws, broadening the circumstances in which abortion is legally permitted.
• Only four countries, which include the United States, El Salvador, Nicaragua, and Poland, have opted to curtail legal grounds for abortion during this timeframe.
• Notably, the U.S. Supreme Court eliminated the constitutional right to abortion in 2022.

Conclusion

The recent Supreme Court ruling highlights the intricate legal and ethical aspects of late-term abortions, emphasizing the significance of fetal viability and the woman's immediate health risks. This has triggered a wider discourse on reproductive rights and India's abortion laws.

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FAQs

MCQs

Question: With reference to Medical Termination of Pregnancy (MTP) Amendment Act 2021, consider the following statements:

1. According to the act, the opinion of only one registered medical practitioner will be required for the abortion of a foetus up to 20 weeks of gestation.
2. The opinion of a state-level medical board is required for abortions over 24 weeks, in case of suspected foetal abnormalities.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2