In a recent legal battle in India, a married woman’s plea to terminate her 26-week pregnancy has ignited a heated debate surrounding the woman’s right to choose and the legislative framework governing abortion. This case has brought to the forefront two critical concepts: “foetal viability” and the rights of the unborn child. Let’s delve into what these ideas mean and why they hold significant importance.
The Case in Question
A 27-year-old married woman, already a mother of two sons, has requested an abortion, citing that her current pregnancy was unplanned. She explained that her family’s income is inadequate to support another child, and her mental well-being is fragile, having previously battled postpartum depression after her second child’s birth. The legal journey of this case has been complex, with it being heard by different benches of the Supreme Court.
Understanding India’s Abortion Laws
The Medical Termination of Pregnancy Act (MTP Act) in India allows pregnancy termination in three stages. Up to 20 weeks, one doctor’s advice is sufficient. Between 20 and 24 weeks, abortion can be considered by two registered medical practitioners under specific circumstances. After 24 weeks, a medical board’s approval is necessary, but termination is allowed only if there’s substantial foetal abnormality.
The Challenge of Termination Beyond 26 Weeks
In this case, the challenge arises from the woman’s marital status, indicating that the conception was consensual rather than a “forced” pregnancy as usually understood. While the courts have previously allowed terminations beyond 26 weeks in some instances, the difference here lies in the consensual nature of the pregnancy.
Foetal Viability and Unborn Child Rights
The recent legal proceedings have raised crucial questions about the rights of the unborn child and the concept of “foetal viability.” Foetal viability refers to the stage at which a foetus can potentially survive outside the womb. In the United States, the 1973 Supreme Court case ‘Roe v. Wade’ established that abortion could be allowed until the point of foetal viability. In 1973, this was around 28 weeks, but advancements in medical science have lowered it to approximately 23-24 weeks. Critics argue that foetal viability is an arbitrary standard.
In India, the criticism of the law stems from the fact that the decision to terminate a pregnancy after 20 weeks is left to doctors rather than the woman. While this aspect is not currently under legal scrutiny, many cases of women approaching the court for late-term abortions highlight a legislative gap.
