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Supreme Court divided on married woman’s right to abort 26-week pregnancy

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Supreme Court divided on married woman’s right to abort 26-week pregnancy

  • Recently, A Division Bench of two women judges of the Supreme Court were split in their opinions about the decision of a married woman to abort her 26-week pregnancy
  • the Centre’s resolve to save the “unborn child.

nKey Provisions of Medical Termination of Pregnancy (Amendment) Act 2021

  • Under the Act, a pregnancy may be terminated up to 20 weeks by a married woman in the case of failure of contraceptive method or device.
  • It allows unmarried women to also terminate a pregnancy for this reason.
  • Opinion of one Registered Medical Practitioner (RMP) for termination of pregnancy up to 20 weeks of gestation.
  • Opinion of two RMPs for termination of pregnancy of 20-24 weeks of gestation.
  • Opinion of the State-level medical board is essential for a pregnancy to be terminated after 24 weeks in case of substantial foetal abnormalities.
  • Increases the upper gestation limit from 20 to 24 weeks for special categories of women, including :
    • survivors of rape
    • victims of incest and other vulnerable women (differently abled women, minors, among others).
  • The “name and other particulars of a woman whose pregnancy has been terminated shall not be revealed”, except to a person authorised in any law that is currently in force.

Prelims Takeaway

  • Medical Termination of Pregnancy (Amendment) Act 2021

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