The Supreme Court of India recently gave a landmark judgement, setting a precedent by allowing a rape survivor to terminate her 27-week pregnancy, thereby overriding the Medical Termination of Pregnancy (MTP) Amendment Act 2021’s upper limit of 24 weeks. This article seeks to shed light on this crucial development in the context of abortion law, reproductive rights, and significant legal provisions related to women’s issues in India.
Understanding Abortion Law in India
India has evolved its stance on abortion over time. Up until the 1960s, abortion was explicitly prohibited, carrying severe penalties such as imprisonment or fines under Section 312 of the Indian Penal Code. This stringent approach began to change when the Shantilal Shah Committee was formed in the mid-1960s to explore the necessity for regulating abortion practices.
Upon the committee’s recommendations, the Medical Termination of Pregnancy (MTP) Act, 1971 was established. This act permitted safe and legal abortions, aimed at protecting women’s health and minimizing maternal mortality. Initially, the MTP Act allowed for termination of pregnancies up to 20 weeks, subject to women’s consent and advise from registered medical practitioners.
Amendments and Progressions
However, the law underwent significant amendments in 2002 and 2021. The MTP Act 2021 amendment extends the gestation period for terminating pregnancies from 20 to 24 weeks, specifically for cases such as rape survivors, given that two doctors approve. Additionally, it facilitates the creation of state-level Medical Boards to evaluate whether pregnancies beyond 24 weeks should be terminated in situations of substantial fetal abnormalities.
Another key upgrade was expanding the application of contraceptive failure clauses to unmarried women, who were initially excluded. This alteration permits women, regardless of their marital status, to opt for abortion services based on their personal choice, giving due consideration to their age and mental condition under the supervision of medical practitioners.
Reproductive Rights: A Component of Personal Liberty
In recent years, Supreme Court judgments have underscored women’s bodily autonomy and have acknowledged reproductive choice as a facet of personal liberty. Abortion rights have been recognized in cases of rape as well.
One such crucial case was Justice K.S. Puttaswamy (Retd.) vs the Union of India and Others (2017) where the Supreme court upheld women’s constitutional right to make reproductive choices under Article 21 of the Indian Constitution, emphasizing it as part of personal liberty. This ruling, despite cultivating robust jurisprudence on reproductive rights and a woman’s privacy, has yet to translate into an essential shift of power from the doctor to the woman seeking an abortion.
The Supreme Court Judgement: A Welcome Precedent
The Supreme Court’s recent verdict, allowing a rape survivor from Gujarat to end her 27-week pregnancy, marks a significant stride towards empowering women with the right to choose. It is hoped that such progressive judgments will continue influencing and shaping the discourse on reproductive rights and women’s health issues in India.
