The Supreme Court on 25 July 2016 granted permission to a rape victim to abort her 24-weeks-old foetus on the basis that it would cause harm to both her physical and mental health.
The victim identified in her petition as Miss X, obtained relief under an exception in section 5 of the Medical Termination of Pregnancy Act, 1971, which allows abortion after the permissible 20 weeks in case it “is immediately necessary to save the life of the pregnant woman”.
Questions Being Raised About the MTP Act
In another case, the Delhi High Court intervened and directed medical examination for fitness for abortion of a 16-year-old girl who was sexually abused by her kidnappers for two years and finally abandoned by them at the Delhi University campus. In this case, the court suggested a panel from AIIMS to be constituted and that the foetus can be aborted provided the girl’s life is not endangered.
These judgements and the fact that the cases reached the Supreme Court and the High Court raises significant questions and urges us to understand where we stand as a nation in terms of law-making and morality in the process of recognising the conditions of rape victims in India.
Also Read: MTP Act: Why the 45-Year-Old Abortion Law Needs To Change ASAP
Twenty-Week Limit Not Enough
The amendments suggested for the Act indicate that a number of concerns have not been taken into consideration. Though the recommended amendments make it easy to opt for abortion, the choice of the woman is not included. Women can undergo abortion, provided she has a medical practitioner’s approval. In particular, even though more health service providers have been granted permission for termination of pregnancies, their experiences, training and background have not been indicated in the amendments.
Abortion is viewed as a complex procedure because it involves ethical and moral aspects with religious dimensions in many countries. Though it is an issue of human rights it perpetually gets combined with cultural attitudes and lack of family support. Legal and medical experts suggest that a change in the legal limit of abortion is long pending and requires immediate attention. Foetal abnormalities show up only after 18 weeks, and hence, a 20-week notice would be too short for parents to decide whether they wish to keep the baby or not. Even for the medical practitioner it is a very short time to advice parents regarding this extreme step.
Life Versus Life
Since the major debate surrounding abortion is life versus life, it is important to understand if a middle path can be found and followed to protect the right of the woman as well as the right of the foetus to survive.
The only difference is that the foetus cannot exercise an option, while the mother can. Nonetheless what needs to be stressed and emphasised upon is that rape victims should be allowed to terminate their pregnancies and not have to seek the court’s permission for their rights.
However, the Bill also needs to take into consideration the various taboos associated with abortion in India. For instance abortion is considered as murder and the termination of the pregnancy is considered to be destroying God’s gift and disrespect to life. Hardly few Indians discuss abortions openly. Rarely do women discuss concerns surrounding abortion.
Breaking the Taboo Around Abortion
The major reason being the lack of family support and guilt that women receive because of abortion that it continues to remain a taboo. However, in the case of rape victims, the family would be keen for an abortion, thus highlighting the paradoxical nature of abortion. It is important to note that rape victims in India should be given priority and they should not have to go to court to seek special status.
In this case it needs to be noted that while the amendments make provisions for later abortions and with better medical access, the notions surrounding abortions are hardly dealt with. In India counselling of women and their family members who wish to undertake abortion should be mandatory as it will provide them with the opportunity to become more aware and ensure their own well-being.
(The writer is a Senior Research Associate at Rajiv Gandhi Institute of Contemporary Studies. This is a personal blog and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)