SC Divided On Woman's Right To End 26-Week Pregnancy

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, 10/12/2023)

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Why in the news?

Recently, a division bench of two women judges in the Supreme Court was divided in their opinions regarding a married woman's decision to abort her 26-week pregnancy and the government's stance to protect the "unborn child."

What is the case about?

• A 27 year old woman, a mother of two and her younger child, still a one-year-old infant, expressed her desire to terminate the pregnancy due to her mental health and inability to care for a third child.
• A six-member medical board advised against the termination, citing three reasons:
  • First, termination at an advanced stage of pregnancy can still lead to postpartum psychosis, a severe condition where the mother experiences hallucinations and delusions.
  • Second, the mother had undergone a cesarean section during her two previous pregnancies, increasing the risk of complications.
  • And, most importantly, the baby is already viable and has a “reasonable chance of survival”.
• The Union government argued that the woman's autonomy over her reproductive rights should not infringe on the rights of the unborn child, citing the Medical Termination of Pregnancy (Amendment) Act of 2021, which allows abortion up to 24 weeks in "exceptional circumstances."
• The Bench, after getting a report from an All India Institute of Medical Sciences (AIIMS) medical board, allowed the medical termination of the woman’s pregnancy in accordance with her wish.

Lack of Awareness Regarding Amendments to Medical Termination of Pregnancy Act

• The Medical Termination of Pregnancy Act was amended in 2021, but abortion seekers are still unaware of the changes brought about in the Act.
• According to a study carried out by the Foundation for Reproductive Health Services, India (FRHS) in four States: Delhi, Maharashtra, Rajasthan and Uttar Pradesh, only 68% of women consider termination of pregnancy as a woman’s health right.
• It was also found that 95.5% of women were unaware of the amendment to the Medical Termination of Pregnancy Act which increases the gestational age from 20 to 24 weeks in cases of substantial foetal abnormalities.
• Only 40% were aware that Medical Termination of Pregnancy (MPT) was legal in India while 24% of women think MTP is legal only with certain conditions.

About Medical Termination of Pregnancy Act

• The Medical Termination of Pregnancy Act (MTP Act) of 1971 was initially enacted to improve the safety of abortions in light of medical advancements.
• In a significant development, India amended this act in 2021 to enhance women's empowerment by extending comprehensive abortion care to all.
• The Medical Termination of Pregnancy (Amendment) Act 2021 broadens the access to safe and legal abortion services for various grounds, including therapeutic, eugenic, humanitarian, and social reasons, with the aim of ensuring universal access to comprehensive care.

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.

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