Supreme Court Rejects Plea To Abort 27-Week-Old Pregnancy: When Is Abortion Legal In India?

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The Supreme Court on Monday rejected an application seeking to terminate a pregnancy that had reached its 24th week under the Medical Termination of Pregnancy Act of 1971 (MTP Act) based on a medical report that stated the foetus was still alive.

In a decision, a bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra held that it cannot go beyond the law, which allows termination of pregnancy beyond 24 weeks only if there are abnormalities in the foetus or if the mother's life is in danger.

Why did the Supreme Court reject the plea?

The plea was rejected because this case did not fall under either of the exceptions. It was ordered by the Court today that the child should be born at the All India Institute of Medical Sciences (AIIMS).

Starkly, according to the Court, the parents of the child are free to give the child up for adoption if they choose to do so.

Is Abortion Legal In India?

Yes, abortion is legal in India. The Medical Termination of Pregnancy Act, 1971 (MTP Act) has been in place to make sure that women have access to safe and legal abortion services. The Act has evolved over the years to accommodate changing needs and circumstances.

When Can A Woman Choose Abortion In India?

Under the amended act, women can seek abortion services on various grounds, including contraceptive failure.

Up to 24 Weeks of Pregnancy: The MTP Amendment Act of 2021 extended the gestation limit for abortions from 20 weeks to 24 weeks. This means that a woman can seek an abortion up to 24 weeks into her pregnancy.

Medical reasons: Abortion can be performed at any stage of pregnancy if it's necessary to save the life of the pregnant woman or if there is a substantial risk to her physical or mental health.

Foetal abnormalities: An abortion can be sought if the pregnancy involves substantial fetal abnormalities. This can be determined through medical examination and diagnostic tests. However, it is important to note that the exact criteria for foetal abnormalities can differ from one woman to the other - or one foetus to the other.

Contraceptive failure: The amended MTP Act of 2021 allows women to seek abortion services on the grounds of contraceptive failure. This acknowledges that contraceptive methods may not always be 100% effective, and women have the right to choose an abortion in such cases.

Rape or Incest: Abortion is allowed in cases where the pregnancy is a result of rape or incest, provided the woman's mental or physical health is at risk.

Minors: If the pregnant woman is a minor (under 18 years of age), her guardian's consent is required for the abortion.

Types of Abortion

Abortion services in India are categorised into three types:

Safe Abortion: Provided by healthcare workers using methods recommended by the World Health Organization (WHO). This ensures that the procedure is conducted under safe and regulated conditions.

Less-Safe Abortion: Performed by trained providers but using non-recommended methods or using safe methods like misoprostol without adequate support. While not ideal, it's still safer than the least-safe option.

Least-Safe Abortion: Conducted by a trained provider using dangerous and invasive methods. This is the riskiest and least recommended form of abortion.

The MTP Act Amendment 2021: What's New?

In 2021, significant amendments were made to the MTP Act. These changes included allowing women to seek safe abortion services due to contraceptive failure, increasing the gestation limit to 24 weeks for specific categories of women, and requiring the opinion of only one abortion service provider up to 20 weeks of gestation.

Previously, abortions were permitted up to 20 weeks of pregnancy. As part of this change, women are empowered to make informed decisions regarding their pregnancies, thereby increasing their autonomy and control over their bodies, a significant step towards recognising and respecting their reproductive rights.

Cost Of Abortions In India

The government's public national health insurance funds, such as Ayushman Bharat and Employees' State Insurance, fully cover the cost of abortion services. This includes consultation, therapy, hospitalisation, medication, ultrasound, and follow-up treatments.

For surgical abortion, the package rate is set at ₹15,500, while medical abortion costs ₹1,500.

Gestational Limits (Limitations During Pregnancy) For Abortion

With the introduction of the MTP Amendment Act 2021, abortion can now be legally performed until 24 weeks of pregnancy. This expanded time frame aims to give women more flexibility and options when it comes to their reproductive choices.

On A Final Note...

Women should have the option to choose their reproductive health without unnecessary restrictions, as contraceptive methods can sometimes fail. Body autonomy is everyone's right!

Disclaimer: Please consult a healthcare professional or legal expert for specific advice, as this information is provided for general awareness.