The Hindu Editorial Analysis- 2nd November 2023 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Impacting a woman’s freedom to reproductive choices

Why in News?

The Supreme Court of India recently denied permission to terminate a 26-week pregnancy for a married woman under the provisions of the Medical Termination of Pregnancy(MTP) Act, 1971.

What was the Issue in the Case?

• Case Summary:

  • A 27-year-old married woman in her 26th week of pregnancy sought legal permission to terminate her pregnancy.
  • She cited physical, emotional, mental, financial, and medical reasons for her inability to continue the pregnancy.
  • She invoked the Medical Termination of Pregnancy (MTP) Act of 1971 to support her case.

• Judgment:

  • The Court was hesitant to allow termination when the pregnancy was viable and not an immediate threat to the woman's life.
  • The decision was based on the interpretation of Section 5 of the MTP Act, which permits abortion only in cases where the woman's life and health are immediately endangered.
  • The Chief Justice of India (CJI) distinguished the term 'life' in Section 5 from its broader use in Article 21 of the Constitution.
  • The CJI emphasized that a woman does not possess an "absolute, overriding right" to abortion, particularly when medical reports indicate no immediate danger to her life or the fetus.

• Government's Stance:

  • The government argued that the woman's reproductive autonomy should not infringe upon the rights of the unborn child.
  • The Medical Termination of Pregnancy (Amendment) Act of 2021 extended the abortion deadline to 24 weeks in cases of substantial fetal abnormalities.
  • The government believed that once a viable fetus is present, the woman's right to bodily autonomy should not go beyond the Act, and her fundamental right to choice can be limited.

• Implications and Challenges:

  • The case raises fundamental questions about women's reproductive rights, particularly in late stages of pregnancy, and the ethical aspects of abortion.
  • Legal experts and advocates have differing opinions on the existence of an absolute right to terminate a pregnancy, especially in the absence of fetal abnormalities.
  • This complex legal and ethical dilemma underscores the need for further discussions and clarity on reproductive rights in India.
  • The case also highlights the challenges women face when seeking legal abortion services in India.

What are the Legal Provisions Related to Abortion in India?

• Historical Abortion Laws: Until the 1960s, abortion was illegal in India.
• Shantilal Shah Committee: In the mid-1960s, the Shantilal Shah Committee was established to assess the necessity for regulations regarding abortion.
• Medical Termination of Pregnancy (MTP) Act of 1971: This legislation, passed in 1971, legalized safe abortions and safeguarded women's health.
• Licensed Medical Professionals: The MTP Act authorized licensed medical professionals to perform abortions under specific predetermined circumstances outlined in the law.
• 2021 Amendment: The MTP Act was amended in 2021, extending the gestational limit for certain categories of women, including rape victims, minors, and mentally ill women, from 20 to 24 weeks.
• State-Level Medical Boards: The MTP Act established state-level Medical Boards to make decisions regarding the termination of pregnancies after 24 weeks in cases of significant fetal abnormalities.
• Protection of Women's Privacy: The MTP Act also ensures the protection of women's privacy, confidentiality, and dignity when accessing safe abortion services.
• Preconception and Prenatal Diagnostic Techniques (PCPNDT) Act, 1994: This law, enacted in 1994, prohibits sex-selective abortions and regulates the use of prenatal diagnostic techniques for detecting genetic or chromosomal abnormalities in the fetus.
• Constitution of India (Article 21): The Indian Constitution, specifically Article 21, guarantees the right to life and personal liberty to all citizens. This right, as interpreted by the Supreme Court of India, includes the right to reproductive choice and autonomy for women.

Conclusion

• The case underscores the need for a delicate balance between women's reproductive rights and the protection of unborn children, involving all stakeholders. It emphasizes the ongoing importance of maintaining open dialogues and legal frameworks to address these complex ethical challenges while respecting the dignity and autonomy of women.