India – Why the Supreme Court order on abortion is not helping women

Despite the landmark judgment by the Supreme Court in September 2022 that unmarried women too can terminate their pregnancy until 24 weeks, the situation on the ground remains dismal as the MTP Act hasn’t been amended yet

January 09, 2023
MAITRI PORECHA

When Mumbai-based Shalini* walked into the State-run J.J. Hospital in December last year seeking an abortion, she was turned away. Doctors at the hospital decided that her case was legally complicated. Her pregnancy had crossed 20 weeks, she was unmarried and the reason for her pregnancy was determined “as due to failure of contraception”. She then approached the Wadia Hospital, a charitable institution, which too turned her away.

Shalini wanted to discontinue her pregnancy as she was not ready to have the baby. When her pleas to two hospitals fell on deaf ears, Shalini had to finally move the Bombay High Court citing the Supreme Court judgment to get a favourable recourse.

Continued: https://www.thehindu.com/news/national/despite-supreme-court-judgment-abortion-for-unmarried-women-after-20-weeks-a-catch-22/article66354052.ece

India abortion ruling applauded but safety fears, taboos persist

Court allows term limit of 24 weeks for all, recognizes marital rape as valid reason

KIRAN SHARMA, Nikkei staff writer
October 7, 2022

NEW DELHI -- A recent abortion ruling by India's top court is being hailed by women's advocates as a progressive step amid a global debate on reproductive rights, though some stress the country must do more to confront sensitive issues including a social stigma that perpetuates unsafe procedures.

The apex court at the end of September ruled
that all women have equal rights to abortion up to 24 weeks into pregnancy.
Although legislation was already in place, this set an important precedent for
how it should be implemented.

Continued: https://asia.nikkei.com/Politics/India-abortion-ruling-applauded-but-safety-fears-taboos-persist

India- It’s Good to Have Progressive Laws. Now, Stop Moral Policing of Women Seeking Abortion

By: Himani Chandna
OCTOBER 03, 2022

In what we call a landmark judgment, the Supreme Court last week said all women, irrespective of their marital status, are entitled to safe and legal abortion till 24 weeks of pregnancy.

Over the last two decades, more than 50 countries have changed their laws — some for greater access and others for curtailing it. Instances of the latter include the overturning of Roe Vs Wade’s judgment which once enabled millions of American women to access safe abortions, or a new law in Hungary where women seeking an abortion will be obliged to “listen to the foetal heartbeat” before they can access the procedure.

Continued: https://www.news18.com/news/india/health-matters-its-good-to-have-progressive-laws-now-stop-moral-policing-of-women-seeking-abortion-6087055.html

03.10.2022

Observer Research Foundation

Explained | How Did Abortions Go From Being A Crime To Being A Right In India?

India's abortion laws have come a long way from 1862 when abortion could get you as much as 7 years in jail.

VISHNU GOPINATH
01 Oct 2022

In June 2022, the US Supreme Court overturned the decades-old Roe v Wade judgment, which afforded abortion rights to all women, making the matter subject to state laws.

But on our own home turf, on 29 September, the Supreme Court ruled that all women are entitled to abortion rights, whether single or married.

Contiuned: https://www.thequint.com/explainers/explained-history-of-abortion-rights-india

01.10.2022

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history of abortion in India

India Supreme Court

Indian penal code

Medical Termination of Pregnancy Act

India – An Important First Step On The Road to Reproductive Justice, But Safe Abortion Remains Out Of Reach

The Supreme Court’s 29 September 2022 decision on abortion has provided legal armour for many pending cases on reproductive justice related to, among others, surrogacy, assisted reproduction and marital rape. But its impact on access to safe abortion will be limited.
APARNA CHANDRA
01 Oct 2022

Bengaluru: X* is a 25-year-old woman from Manipur, the eldest of five siblings and the daughter of farmers. She was living in Delhi with her unmarried partner. In June, 2022, X found out that she was pregnant and was set to marry her partner.

At the last minute, her partner refused to marry her.

Continued: https://article-14.com/post/an-important-first-step-on-the-road-to-reproductive-justice-but-safe-abortion-remains-out-of-reach-63383eddf1325

India abortion: Why Supreme Court ruling is a huge step forward

By Geeta Pandey, BBC News, Delhi
Sept 30, 2022

Just weeks after the US Supreme Court passed a controversial order to ban or severely restrict the ability for pregnant women to get abortions, a similar case made headlines in India.

While the Roe v Wade ruling was described as "a huge step back for women's rights", Thursday's order by the Indian Supreme Court - in contrast - is being hailed as "historic" and "a big step forward" for women's rights.

Continued: https://www.bbc.com/news/world-asia-india-63086321

India’s top court gives equal abortion access to all women

India’s Supreme Court has ruled that all women, regardless of marital status, can obtain abortions up to 24 weeks into their pregnancies

By BHUMIKA SARASWATI, Associated Press
September 29, 2022

NEW DELHI -- India's Supreme Court ruled on Thursday that all women, regardless of marital status, can obtain abortions up to 24 weeks into their pregnancies.

Previously, under India’s abortion law, married women could have abortions up to 24 weeks into their pregnancies, but single women were limited to 20 weeks. On Thursday, the court extended the 24-week period to all women.

Continued: https://abcnews.go.com/Health/wireStory/indias-top-court-equal-abortion-access-women-90689941

Landmark Indian court ruling says rape includes marital rape and extends abortion rights to 24 weeks

By Manveena Suri and Jack Bantock, CNN
Thu September 29, 2022

Marital rape was defined as rape in a landmark decision by India’s Supreme Court on Thursday.

The country’s top court also stated that all women, regardless of their marital status, have the right to an abortion up until 24 weeks, the Press Trust of India (PTI) news agency reported.

Continued: https://www.cnn.com/2022/09/29/asia/india-supreme-court-marital-rape-abortion-intl

29.09.2022

intimate partner violence

marital rape

Medical Termination and Pregnancy Act

India – Experts on why Supreme Court’s ruling, granting abortion access to all married and unmarried women, is crucial

"Abortion is essential healthcare and women's basic right," Kalai Selvi A, Certified Lactation Care Counselor, said

By: Lifestyle Desk
New Delhi | September 29, 2022

All women, irrespective of their marital status, are entitled to safe and legal abortion, the Supreme Court ruled on Thursday. In a landmark judgment, the country’s apex court said that the rights available to married women under the Medical Termination of Pregnancy Act, 1971, to abort a foetus will also be available to unmarried women. “If Rule 3B(c) is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable,” a bench, presided by Justice D Y Chandrachud, said.

Continued: https://indianexpress.com/article/lifestyle/health/supreme-court-ruling-abortion-rights-all-women-married-unmarried-health-importance-experts-quotes-8179977/

Right to abortion: Indian court legalizes, Bangladesh still restricts

Abortion in Bangladesh is punishable by different jail terms and fines

Nawaz Farhin Antara
September 29, 2022

The right to abortion for women of all ages has emerged as a bold demand around the world at various times. In this situation, it became a matter of awakening when unmarried women also got the right to abortion in India.

India's Supreme Court on Thursday ruled that a woman's right to abortion cannot be taken away considering her marital status. Unmarried women who become pregnant unintentionally will have the right to an abortion within 24 weeks.

Continued: https://www.dhakatribune.com/bangladesh/2022/09/29/right-to-abortion-indian-court-legalizes-bangladesh-still-restricts