Context : Supreme Court Ruling on Abortion Rights
- SC ruled that all women, regardless of marital status, have the right to abortion up to 24 weeks.
- Struck down the distinction between married and unmarried women in the Medical Termination of Pregnancy (MTP) Act.
- Strengthened bodily autonomy and reproductive choice for women.
Relevance : GS 2(Social Issues ,Health ,Judiciary ,Governance )
Foetal Viability and Ethical Dilemmas
- Foetal viability refers to the point at which a foetus can survive outside the womb, but it lacks a universal definition.
- Courts and medical ethics recognize that a foetus’ right to life strengthens as the pregnancy progresses.
- Advanced gestation increases ethical conflicts for medical professionals performing abortions.
India’s Legal Framework on Abortion
- The MTP Act (1971, amended in 2021) allows:
- Abortions up to 20 weeks with one Registered Medical Practitioner (RMP).
- Abortions up to 24 weeks with two RMPs.
- Beyond 24 weeks, cases are reviewed by a medical board.
- Medical boards only approve abortions if:
- The foetus has fatal abnormalities.
- The pregnancy endangers the woman’s physical health.
- Sanctity of life often outweighs quality of life considerations in decision-making.
Late-Term Abortions and Legal Challenges
- Post-24-week abortions are rarely granted unless the foetus has severe abnormalities.
- Case study (2023):
- A woman with severe postpartum depression and an unwanted 25-week pregnancy was initially granted an abortion.
- Later, a medical board member raised concerns over “stopping the heartbeat,” leading to revocation of permission.
- The court ruled that she must b
Medicolegal Barriers and Provider Perspectives
- Medical professionals often resist late-term abortions due to:
- Legal liability risks.
- Personal ethical conflicts (e.g., equating abortion with murder).
- Lack of legal protection for doctors.
- Many women seeking MTP face stigma from healthcare providers, despite legal protections.
Precedent of Prioritizing Foetal Life Over Women’s Rights
- Judicial rulings suggest an increasing tendency to prioritize foetal rights over maternal well-being.
- Women may be compelled to carry pregnancies, even if they are medically or emotionally unprepared.
- Raises concerns about women’s autonomy and mental health risks in restrictive abortion policies.
Ethical and Legal Implications
- As neonatal medicine advances, viability limits may shift further back, impacting abortion rights.
- The principle of “Primum Non Nocere” (First, do no harm) should ideally prioritize women’s well-being.
- The MTP Act provides abortion as an exception, not an absolute right—leaving scope for restrictive interpretations.
Conclusion
- India’s legal framework offers progressive abortion rights compared to many nations but retains medicolegal barriers.
- The judiciary and medical community often lean towards protecting foetal rights over maternal choice.
- The evolving debate on foetal viability vs. reproductive autonomy will continue to shape women’s rights and healthcare policies.
