Balancing Reproductive Autonomy and Unborn Child's Rights

• 17 Oct 2023

For Prelims: Supreme Court of India, Medical Termination of Pregnancy (MTP) Act, 1971,Abortion Law in India, Reproductive Rights

For Mains: Legal Provisions Related to Abortion in India, Major Issues Related to Women.

Source: TH

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:
  • The case involved a 27-year-old married woman who was in her 26th week of pregnancy, seeking legal permission to terminate her pregnancy.
    • The woman asserted her physical, emotional, mental, financial, and medical inability to carry, deliver, or raise another child, citing her pre-existing conditions and experiences with postpartum depression.
  • The woman sought recourse to the Medical Termination of Pregnancy (MTP) Act of 1971 to plead her case.
• Judgment:
  • The Court expressed reluctance to order a medical termination when the pregnancy is viable and does not pose an immediate threat to the woman's life.
    • The decision is grounded in the interpretation of Section 5 of the MTP Act, 1971, which allows abortion only if the woman's life and health are in immediate danger.
    • The three-judge Bench, led by the Chief Justice of India (CJI), emphasized that a woman cannot claim an "absolute, overriding right" to abort, particularly when medical reports confirm that the pregnancy doesn't pose immediate danger to her life or that of the fetus.
      • CJI distinguished the term 'life' in Section 5 of MTP Act, 1971 from its broader usage in Article 21 of the Constitution, emphasizing its application to life-and-death situations.
        • Article 21 protects an individual's fundamental right to a dignified and meaningful life.
• Government Stance:
  • The government argues that the woman's reproductive autonomy cannot infringe upon the rights of her unborn child.
  • Refers to the Medical Termination of Pregnancy (Amendment) Act of 2021, which extended the abortion deadline to 24 weeks in cases of substantial foetal abnormalities.
    • Believes that once a viable baby is present, the relief should not be one-sided, and the woman's right to bodily autonomy should not go beyond the Act.
  • Argues that the woman's fundamental right to choice can be curtailed.
• Implications and Challenges
  • The case raises fundamental questions about women's reproductive rights, even in late stages of pregnancy, and the ethical considerations surrounding abortion.
    • Legal experts and advocates have differing opinions on whether an absolute right to terminate pregnancy should exist, especially in the absence of abnormalities.
  • This complex legal and ethical dilemma highlights the need for further discourse and clarity on reproductive rights in India.
  • The case also highlights the challenges women face in accessing legal abortion services in India.

What are the Legal Provisions Related to Abortion in India?

• Until the 1960s, abortion was illegal in India. The Shantilal Shah Committee was formed in the mid-1960s to examine the need for regulations. As a result, the Medical Termination of Pregnancy (MTP) Act, of 1971 was passed, legalizing safe abortions and protecting women's health.
  • The MTP Act, of 1971, permits licensed medical professionals to perform abortions in specific predetermined situations as provided under the legislation.
  • The MTP Act was amended in 2021 to allow certain categories of women, such as rape victims, minors, mentally ill women, etc., to obtain abortions up to 24 weeks of gestation, raising it from the previous 20 weeks.
    • It sets up state-level Medical Boards to decide if a pregnancy may be terminated after 24 weeks in cases of substantial fetal abnormalities.
  • The MTP Act also provides for the protection of women’s privacy, confidentiality, and dignity in accessing safe abortion services.
• The Preconception and Prenatal Diagnostic Techniques (PCPNDT) Act, 1994, which prohibits sex-selective abortions and regulates the use of prenatal diagnostic techniques for detecting genetic or chromosomal abnormalities in the foetus.
• The Constitution of India, which guarantees the right to life and personal liberty to all citizens under Article 21. This right has been interpreted by the Supreme Court of India to include 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.

Legal Insight: Supreme Court Rejects Plea to Abort 26-Week Pregnancy

https://www.drishtijudiciary.com/en