India – On abortion, Supreme Court and government have failed women

Coerced pregnancies and forceful state oversight of termination benefit neither the pregnant person nor the child

Written by Rohin Bhatt
February 5, 2024

For a long time, Indians have prided themselves on a “liberal abortion regime”. In 2022, Union Minister for Women and Child Development Smriti Irani wrote in The Indian Express (‘West steps back, India shows way’, June 27), “It is a liberal achievement over countries where abortions are disallowed since conception, even in the most traumatising of circumstances of sexual abuse or incest… Not only is the government making a concerted effort for reproductive choices to be easier on the pockets of women, it is also promoting safe motherhood through institutional deliveries under Janani Suraksha Yojana and quality, respectful care in labour rooms during deliveries under schemes like LaQshya.”

But do the government and courts walk the talk when issues of abortion come up? A recent look at the decisions of the Supreme Court and high courts would suggest — the answer is no.

Continued: https://indianexpress.com/article/opinion/columns/abortion-supreme-court-government-have-failed-women-9145065/


India – ‘Fetus is normal’ — AIIMS asks HC to reconsider order allowing abortion for 31 weeks pregnant woman

Delhi HC order allowed abortion citing psychiatric report that woman was suffering from extreme trauma. Hospital's application says 'feticide' in this case 'neither justified nor ethical'.

BHADRA SINHA
16 January, 2024

New Delhi: The All India Institute of Medical Sciences (AIIMS) has expressed reservations about a Delhi High Court order permitting abortion to a 31-week pregnant woman.

In an application filed Monday before the high court, the hospital said the “fetus is grossly normal” and, therefore, “feticide” in the case “is neither justified nor ethical”.

Continued: https://theprint.in/judiciary/fetus-is-normal-aiims-asks-hc-to-reconsider-order-allowing-abortion-for-31-weeks-pregnant-woman/1925498/


Abortion seekers in India battle social stigma, poor medical facilities despite its legal status

A 2019 study published in the British medical journal BMJ Global Health unveiled that approximately two-thirds of abortions in India are categorised as unsafe.

Written by Sushmita Panda
October 18, 2023

The Supreme Court on Monday denied giving permission to a married woman who wanted to terminate her over 26-week pregnancy. According to the apex court, the All India Institute of Medical Sciences (AIIMS) Medical Board had found “no substantial foetal abnormalities” and a pre-term delivery carried the risk of being born with physical and mental deformities.

Reportedly, the woman had approached the top court seeking permission to terminate her pregnancy due to her inability to take care of the child due to post-partum psychosis and other health issues.

Continued: https://www.financialexpress.com/healthcare/news-healthcare/abortion-seekers-in-india-battle-social-stigma-poor-medical-facilities-despite-its-legal-status/3276184/


India – Supreme Court rejects plea to end 26-week pregnancy

A bench led by Chief Justice of India D Y Chandrachud also says that neither of the two AIIMS reports ‘indicates that a termination is immediately necessary to save the life of the petitioner’.

Written by Ananthakrishnan G
October 17, 2023

THE SUPREME Court on Monday declined permission to a married woman to terminate her over 26-week pregnancy, saying the AIIMS medical board had found “no substantial foetal abnormalities” and a pre-term delivery carried the risk of being born with physical and mental deformities.

The bench, headed by Chief Justice of India D Y Chandrachud, pointed out that the pregnancy had crossed 24 weeks — the upper limit for allowing Medical Termination of Pregnancy (MTP).

Continued: https://indianexpress.com/article/india/sc-rejects-woman-request-end-26-week-pregnancy-8985563/


India – 26-week pregnancy abortion plea: SC asks AIIMS for fresh report on condition of woman, foetus

Written by Ananthakrishnan G
October 14, 2023

The Supreme Court on Friday said that India, unlike the rest of the world, has a “very forward looking law” on medical termination of pregnancy.

“Our law is far ahead of other countries. We don’t have the Roe vs Wade issue. Ours is a very forward looking law,” said Chief Justice of India D Y Chandrachud, presiding over a three-judge bench, while hearing a woman’s plea to abort her 26-week-old pregnancy.

Continued: https://indianexpress.com/article/india/26-week-pregnancy-abortion-plea-sc-asks-aiims-for-fresh-report-on-condition-of-woman-foetus-8982099/


India – A day after allowing termination of 25-week-old pregnancy, Supreme Court puts abortion on hold

The CJI asked the Centre to file a formal application for recall of Monday’s order and said he will list the application for hearing before the same two-judge bench.

By: Express News Service
October 11, 2023

A day after it allowed a woman to terminate her 25-week-old pregnancy, the Supreme Court on Tuesday asked All India Institute of Medical Sciences (AIIMS) authorities to put it on hold for now.

A bench presided by Chief Justice of India DY Chandrchud noted that “AIIMS doctors are in a very serious dilemma” as they were of the view that the fetus is “currently viable” meaning that it will show signs of life and has a strong possibility of survival.

Continued: https://indianexpress.com/article/india/a-day-after-allowing-it-supreme-court-puts-abortion-on-hold-8977191/


India – Why abortion should be a part of Universal Health Coverage

Debanjana Choudhuri, Vithika Yadav
May 25, 2022
By Hindustan Times

Access to abortion is an unconditional human right and should be entitled as a basic health care service delivered as a part of Universal Health Coverage (UHC). UHC is a commitment to equity and focuses on ensuring a level of quality care that helps people achieve their desired health outcomes.

While on the surface it looks easy,
pro-choice, abortion, and autonomy over women’s body face barriers in the
generational prejudice against women, existing taboos, and pedagogical approach
towards a division of labour. These various components of disparities have led
to the gross neglect of women’s health, and the most overlooked is the Sexual
and Reproductive Health Right (SRHR), which is essential to the fulfillment of
universal health coverage and is included in the Sustainable Development Goals,
which commit countries to providing universal access to sexual and reproductive
health services by 2030.

Continued: https://www.hindustantimes.com/ht-insight/gender-equality/why-abortion-should-be-a-part-of-universal-health-coverage-101653469989475.html


India – Court relaxes rules for woman to abort foetus suffering from congenital anomaly

Court relaxes rules for woman to abort foetus suffering from congenital anomaly

Staff Reporter
new delhi, July 15, 2019

The Delhi High Court has relaxed the law governing termination of pregnancy to allow a 27-year-old woman to abort her 25-week foetus diagnosed with a congenital anomaly which made it “impossible for the child” to remain alive after birth.

A Bench of Chief Justice and Justice C. Hari Shankar took the assistance of medical experts from All India Institute of Medical Sciences (AIIMS) to determine the condition of the foetus suffering from Bilateral Muticystic Kidney disease with Oligohydramnios and Pulmonary Hypoplasia.

Continued: https://www.thehindu.com/news/cities/Delhi/court-relaxes-rules-for-woman-to-abort-foetus-suffering-from-congenital-anomaly/article28431209.ece


India: HC directs AIIMS to examine abortion plea

HC directs AIIMS to examine abortion plea
Staff Reporter
New Delhi, December 21, 2017

The Delhi High Court on Wednesday directed the All India Institute of Medical Sciences to form a medical board to decide if the pregnancy of a 15-year-old girlcould be terminated safely. The girl, who is over four months pregnant, said that she wanted to terminate the pregnancy to pursue her studies.

The girl had earlier run away from home and got married. The court directed the AIIMS to submit its report by December 22.

continued at source: http://www.thehindu.com/news/cities/Delhi/hc-directs-aiims-to-examine-abortion-plea/article22119114.ece


India: Abortion plea for raped 10-year-old

Abortion plea for raped 10-year-old
Our Legal Correspondent

New Delhi, July 22, 2017

A lawyer has petitioned the Supreme Court to allow a 10-year-old "rape survivor" in her 26th week of pregnancy to abort the foetus "in the interest of justice, equity and good conscience".

Indian law bans abortions beyond 20 weeks unless there's an immediate threat to the would-be mother's life.

Alakh Alok Srivastava's petition, which is yet to be listed for hearing, says the girl's uncle had repeatedly raped her and that her pregnancy "has left many medical experts dumbfounded" because of her age. It adds that the girl's doctors have said her pelvic bones are not fully developed because of her age and, therefore, "tolerating a full-term pregnancy at this tender age is very risky".

Continued at source: Telegraph India: https://www.telegraphindia.com/1170723/jsp/nation/story_163412.jsp