Daily Current Affairs : 14-October-2023
The recent case in the Supreme Court of India, where a married woman seeks termination of her 26-week pregnancy, has ignited significant debate around women’s reproductive rights and the legal framework governing abortion. This essay delves into the case details, the existing abortion laws in India, and the associated criticisms, shedding light on the ongoing discourse.
Case Details and Supreme Court’s Response
The case, which has traversed two different Benches of the Supreme Court, raises fundamental questions concerning a woman’s decisional autonomy in matters of abortion. Initially, a two-judge Bench permitted the termination, reasoning that an unwanted pregnancy, stemming from contraceptive failure, is akin to a forced pregnancy, justifying termination up to 24 weeks. Subsequently, a three-judge Bench, led by Chief Justice of India D Y Chandrachud, called for a fresh medical report to assess the woman’s health and the foetal condition.
Understanding India’s Abortion Laws
The Medical Termination of Pregnancy Act (MTP Act) in India delineates the abortion process. Termination is allowed in three stages: up to 20 weeks with one doctor’s advice, between 20-24 weeks under specific conditions determined by two registered medical practitioners, and beyond 24 weeks, subject to the evaluation of a medical board in approved facilities, considering substantial foetal abnormality.
Rights of the Unborn Child: A Controversial Perspective
Critics argue that India’s abortion laws grant substantial decision-making power to doctors, shifting the choice away from the pregnant woman. Moreover, the legal framework emphasizes a woman’s autonomy over the rights of the unborn child. This perspective diverges from the international benchmark set by the 1973 US Supreme Court’s Roe v Wade decision, which considers foetal viability as a crucial factor for abortion decisions. In India, the criticism of neglecting the unborn child’s rights contrasts sharply with legislation addressing issues such as succession and prenatal sex determination.
Criticism of India’s Abortion Laws
The criticism further extends to the allocation of decision-making power to doctors instead of empowering women to make choices about their bodies. Additionally, the legal framework’s emphasis on a woman’s autonomy sidelines the unborn child’s rights, creating ethical dilemmas in the process.
Important Points:
- Supreme Court’s Response:
- The case moved through two different Benches of the Supreme Court, involving crucial deliberations on the termination of pregnancies.
- A two-judge Bench allowed termination, equating unwanted pregnancies due to contraceptive failure with forced pregnancies, justifying termination up to 24 weeks.
- A three-judge Bench, led by Chief Justice of India D Y Chandrachud, called for a fresh medical report to assess the woman’s health and foetal condition.
- Abortion Laws in India:
- The Medical Termination of Pregnancy Act (MTP Act) outlines abortion procedures in three stages: up to 20 weeks with one doctor’s advice, between 20-24 weeks under specific conditions determined by two registered medical practitioners, and beyond 24 weeks, subject to evaluation by a medical board in approved facilities.
- Rights of the Unborn Child:
- Critics argue that India’s abortion laws prioritize a woman’s autonomy over the rights of the unborn child, contrary to international benchmarks like the 1973 US Supreme Court’s Roe v Wade decision, which considers foetal viability as crucial for abortion decisions.
- Criticism of India’s Abortion Laws:
- The decision-making power to terminate pregnancies after 20 weeks is criticized for being in the hands of doctors rather than women.
- India’s legal framework leans heavily toward a woman’s autonomy, neglecting the rights of the unborn child, creating ethical dilemmas and controversies.
Why In News
The Supreme Court is currently hearing the plea of a married woman who is seeking to terminate her 26-week pregnancy due to medical complications. This significant case raises important ethical and legal questions surrounding reproductive rights and women’s health. The outcome of this hearing could have far-reaching implications on the rights of pregnant individuals and the intersection of personal choice with legal regulations.
MCQs about India’s Abortion Laws
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What is the primary issue addressed in the Supreme Court case ?
A. Land dispute resolution
B. Women’s reproductive rights and abortion laws
C. Environmental conservation
D. Taxation policies
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According to the Medical Termination of Pregnancy Act (MTP Act) in India, what is the maximum duration up to which termination of pregnancy is allowed under specific conditions determined by two registered medical practitioners?
A. Up to 10 weeks
B. Up to 16 weeks
C. Up to 20 weeks
D. Up to 24 weeks
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What criticism has been leveled against India’s abortion laws?
A. Excessive government interference
B. Decision-making power shifted to doctors and not women
C. Lack of access to healthcare facilities
D. Unfair taxation on medical services
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What landmark decision is cited in the essay, which considered foetal viability as a benchmark for allowing abortion?
A. Brown v. Board of Education
B. Roe v. Wade
C. Plessy v. Ferguson
D. Miranda v. Arizona
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