Meet Mumbai advocates fighting against abortion law to bring women justice

29 October, 2023
Neerja Deodhar

Time is of the essence in these cases,” Anubha Rastogi, an advocate at the Bombay High Court, says at her Fort office. Outside, as the clock strikes two, the bells of the Rajabai Tower toll, underscoring the immediacy she speaks of.

Earlier this week, Rastogi and her associate Rachita Padwal represented a woman who wished to end her 26-week pregnancy. Following a medical board’s assessment about the woman’s mental and physical fitness to undergo the procedure, the HC passed an order allowing the termination. But the lawyers’ work didn’t end there; they made additional suggestions about medical boards themselves—typically comprising a gynaecologist, radiologist, paediatrician, among other experts—and the lack of awareness around them.

Continued: https://www.mid-day.com/sunday-mid-day/article/a-suitable-ruling-23317012

29.10.2023

Commentary

Anubha Rastogi

Bombay High Court

medical boards for abortion

Medical Termination Of Pregnancy (MTP) Act

India – SC Announces Unmarried Pregnant Women Also Have The Right To Abortion

In light of US Supreme Court overturning Roe Vs Wade, the Supreme Court of India led by Justice Chandrachud declared that unmarried women can access abortion.

Written by Kinkini Gupta
August 26, 2022

The Supreme Court Chief Justice, D.Y. Chandrachud said that an unmarried woman has the right to abort her pregnancy even on the 24th week. The bench was hearing the plea of a woman who wanted to abort after her partner left her. The court quoted from precedents, "A woman's right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution. She has a sacrosanct right to bodily integrity. There is no doubt that a woman's right to make reproductive choices is also a dimension of personal liberty."

The Supreme Court also stated that the decision taken by the Delhi High Court was unduly restrictive to not allow the woman to undergo abortion at 23 weeks just because she is unmarried.

Continued: https://www.thehealthsite.com/pregnancy/sc-announces-unmarried-pregnant-women-also-have-the-right-to-abortion-895733/

26.08.2022

Medical Termination of Pregnancy Act

Pratigya Campaign

unmarried women and abortion

Time To Let Go Of Stigma: How Far Has India Come In Accepting Abortion?

Ratika Rana
11 Feb 2022

Sexual and Reproductive Health Awareness Day is celebrated on February 12 every year, and it aims to raise awareness about sexual and reproductive health issues and reduce the spread of sexually transmitted infections.

Women in India have always been at the receiving end of several social, cultural, institutional and operational challenges in all spectrums. Even after more than five decades of implementing the Maternity Termination of Pregnancy (MTP) Act in 1971, a woman's right to terminate a pregnancy, or abort her child, remains a debatable and taboo issue. More than 15.6 million abortions happen in India, and many of them are unsafe, thus putting a woman's life at risk.

Continued: https://thelogicalindian.com/gender/sexual-reproduction-awareness-day-33905

Amended Abortion Law Still Gives Doctors, Not Women, The Final Say

The amended abortion law has allowed termination of pregnancy up to 24 weeks but with a medical board's approval. Abortion is still not available on demand and a woman's agency is not recognised

By Akshita Nagpal
27 April, 2021

New Delhi: The terms for abortion have been liberalised in India after an amended law received the President's assent on March 25, 2021. But gender and reproductive rights activists are disappointed that the law still does not recognise abortion as a woman's choice that can be sought on-demand, as is the practice in 73 countries.

These are the key changes that the Medical Termination of Pregnancy (MTP Amendment) Act, 2021, has brought in:

Continued: https://www.indiaspend.com/gendercheck/amended-abortion-law-still-gives-doctors-not-women-the-final-say-744747

Abortion Options for Indian Women: Is the New MTP (Amendment) Bill, 2020 Better and Safer?

Deepika Singhania, MAKERS India
28 November 2020

Getting an abortion in India is not just about finding the right doctor who can perform the procedure in a safe manner and through legal methods, it’s also about dealing with the stigma and navigating the laws around it. Though we may be living in 2020, if an Indian woman seeks termination of pregnancy even today, she can not do so openly without judgment and people trying to change her mind.

Says 26-year-old Mithila (name changed), “When I got pregnant, my boyfriend and I couldn’t talk to our friends or family about it. So, we looked up a gynaecologist online. As expected, we got lectured about having sex before marriage and got asked the dreaded question – do your parents know?” The doctor refused to perform the termination and as luck would have it, they found a different doctor who turned out to be very supportive.

Continued: https://in.makers.yahoo.com/abortion-options-for-indian-women-is-the-new-mtp-amendment-bill-2020-better-and-safer-030017248.html

India – HCs across states witness surge in abortion cases

Tue, Sep 22 2020

New Delhi, Sep 22 (IANS): High Courts across the nation are currently witnessing a substantial increase in abortion cases, revealed a legal report on Tuesday.

In 'Assessing the Judiciary's Role in Access to Safe Abortion- II' report by Pratigya campaign, cases seeking permission of termination of pregnancy from the High Courts in India from May 2019 to August were analysed.

There were total 243 cases filed across 14
high courts and one appeal before the Supreme Court. In 84 per cent of the
cases, permissions were given to terminate the pregnancy.

Continued: http://www.daijiworld.com/news/newsDisplay.aspx?newsID=753667

Why Changes To India’s 50-Year-Old Abortion Law Fail Its Women

After decades of advocacy, it took the Lok Sabha only 15 days—without adequate consultation with those involved—to clear amendments to India’s abortion laws. Instead of making abortion easier for women who need it, such as rape survivors, the changes only make it more difficult.

Sept 6, 2020
SWETA DASH

New Delhi: In 2019, a 13-year-old rape survivor in Madhya Pradesh found out she was pregnant and in her 24th week. With the help of Nikita Sonawane, a lawyer associated with the Criminal Justice and Police Accountability Project (CPAProject), an advocacy, she approached the High Court in June 2019. The court allowed her to go ahead with the termination of pregnancy—but only six weeks later, by which time she already reached her 30th week.

“The doctors had to induce delivery. She was in labour for 24 hours,” said Sonawane. Her lawyers pleaded for mental-health support but the biggest government hospital in Madhya Pradesh did not have a child psychologist. "Finally, a psychiatrist was arranged, said Sonavane. "It was an immensely harrowing experience for her.”

Continued: https://www.article-14.com/post/why-changes-to-india-s-50-year-old-abortion-law-fail-its-women

06.09.2020

Commentary

Featured

Anubha Rastogi

Criminal Justice and Police Accountability Project

Federation of Obstetric and Gynaecological Societies of India

FOGSI

history of abortion

Human Rights Law Network

Indian Penal Code 1860

Ipas Development Foundation

Lok Sabha

Medical Termination of Pregnancy (Amendment) Bill 2020

Medical Termination Of Pregnancy (MTP) Act

Pre-Conception and Pre-Natal Diagnostic Techniques Act

Protection of Children from Sexual Offences (POCSO) Act

rape and abortion

sexual and reproductive health and rights

Why 243 Indian women had to ask a court for permission to abort

Each year, millions of women in India find themselves with an unintended or an unwanted pregnancy for various reasons

Akshi Chawla
September 5, 2020

In March 2020, Swati (name changed) decided to end her pregnancy after her partner refused to marry her and ended the relationship. By this time, she was 24 weeks pregnant and abortion, under India’s current laws, would have been a criminal offence. She moved the Madhya Pradesh High Court pleading that the pregnancy was affecting her mental health. If she gave birth, the child would “suffer the mental torture” throughout its life, she said.

The court refused to give permission. The state government had argued that there were no grounds for an abortion since the pregnancy was the outcome of a voluntary act and she was “very much aware of the consequence”. The court agreed with the government, adding that while there was always the possibility that the pregnant woman and her partner could resume their relationship, termination would be absolute.

Continued: https://www.business-standard.com/article/health/why-243-women-had-to-ask-a-court-for-permission-to-abort-says-report-120090500257_1.html

India – Unsafe abortion claims 13 lives daily

Unsafe abortion claims 13 lives daily

UNI
Updated: July 26th, 2018

Everyday 13 women die in India due to unsafe abortion related causes, including lack of access to trained abortion providers, lack of knowledge about the legality of abortion and availability of safe services, compounded by the social stigma and abortion.

It was stated during a Media Sensitization Workshop organised by Global Health Strategies here on ‘Ensuring reproductive justice in India : How do we make safe abortion services more accessible?’

Continued: http://www.orissapost.com/unsafe-abortion-claims-13-lives-daily/