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