Abortion legalized for some special cases

Abortion legalized for some special cases 

The Supreme Court had given permission to abort under special circumstances to a rape victim some time back. Whereas high courts and session court had negated this permission as she was in later months of pregnancy, which was above the legalized period of abortion. Let us know more.

Supreme Court had given a historical judgment in which a 14-year-old rape victim was given permission to abort her 26 weeks issue. Also another statement was given in which it was clarified that this is not applicable in normal cases. Also, it should known that the Draft Medical Termination of Pregnancy Bill 2014, clarifies that an issue of 20 to 24 weeks can be terminated only when there is no big risk to the carrying mother.

The High court had denied the abortion of the above said rape victim and thus the Supreme Court had to give their verdict. Many cases of abortion come to the court. Haresh and Nikita Mehta had pleaded for abortion in 2008 at Mumbai High Court. She was carrying a 26-month-old issue, which had heart problems. High Court had denied the plea saying that there is no guarantee that the doctor did not say that after being born the child will have any big disease. 

The right to abort come sunder right to living for women. This should be granted in special conditions to the women. There are such cases in which abortion seems the better and correct solution like severe threat to the health of the mother or if it is confirmed in test that the child has some rare disease. There have been many such cases presented to the Court and there the court has not gone by the books of law but by a judicious mind.

We have a law regarding abortion. It is called medical termination of pregnancy act 1971. In normal cases, abortion is allowed between 12 to 20 weeks of the issue. This law is 45 years old and is based on the tests of those times. The law states that abortion can be carried only as under said circumstances-

·    When it is a threat to life of the mother.

·    The mother could have physical or mental problems because of the issue.

·     When the pregnancy is due to rape.

·     When the child is not developed and prone to be a handicap.

·    When abortive measures of both husband and wife or one of them has failed.

·     An issue of 12 weeks can be aborted with the advice of a gynecologist.

· For an issue of 12 to 20 weeks advice of at least two gynecologists is necessary.

International covenant on civil and political rights section 6 (1) states that It is not permitted to take away someone’s life as per our whims and fancies. A women’s right to living is related to right to abortion. The case of Savita Halappan in Ireland who was not permitted to abort and after which she passed away. This act was opposed all over the world. 

By Nandita Jha, High Court Advocate Delhi