SC allows abortion of 30-week foetus: What is the law on abortions, and what does the court consider?
- The Supreme Court has allowed a 14-year-old victim of sexual assault to terminate her almost 30-week pregnancy.
- A Bench said it was a “very very exceptional case where we have to protect her (the girl)”.
Abortion law in India
- India's abortion law (MTP Act) from 1971 (amended in 2021) lets women terminate pregnancies.
- Up to 20 weeks, one doctor's approval is enough.
- From 20-24 weeks, it's only allowed in special situations (like rape or young girls) and needs approval from two doctors.
- Beyond 24 weeks, things get complicated.
- Special clinics can decide if an abortion is allowed, but only if there's a serious problem with the fetus (checked by a "viability test" to see if it could survive outside the womb).
- This test is controversial because it's based on a somewhat outdated timeframe (24 weeks).
- Courts can sometimes allow abortions even later.
- For example, a recent case allowed a 14-year-old girl to terminate her pregnancy due to potential mental and physical harm.
MTP act 2021
- The Act regulates the conditions under which a pregnancy may be aborted.
- It increases the time period within which abortion may be carried out.
- Currently, abortion requires the opinion of one doctor if it is done within 12 weeks of conception and two doctors if it is done between 12 and 20 weeks.
- It allows abortion to be done on the advice of one doctor up to 20 weeks, and two doctors in the case of certain categories of women between 20 and 24 weeks.
- It l sets up state level Medical Boards to decide if a pregnancy may be terminated after 24 weeks in cases of substantial foetal abnormalities
Prelims takeaway
- MTP act 1971