What a landmark ruling on abortion will mean for women in India

Oct 25, 2022
Dhwani Nagpal

A landmark ruling on abortion by India’s Supreme Court could pave the way for economic equality and reduce health inequity for women.

On September 29, 2022, the Indian Supreme Court released a judgment stating that all women, regardless of their marital status, have the right to safe and legal access to abortion up to 24 weeks of pregnancy. Previously, single women were limited to 20 weeks.

Continued: https://www.weforum.org/agenda/2022/10/what-a-landmark-ruling-on-abortion-will-mean-for-women-in-india/


Why India’s landmark abortion ruling could echo around the world

Amid a rollback of rights in the US, India’s Supreme Court has given women a long overdue voice in shaping abortion law.

Shreya Shree, Gauri Pillai
Published On 18 Oct 2022

On September 29, the Indian Supreme Court delivered a crucial decision which holds the promise of actually leading to the reproductive autonomy of Indian women, in particular through access to abortion.

While the core issue before the court was whether unmarried women could seek an abortion under the law – the judges confirmed that they can – the decision also spoke to a range of deeper concerns about abortion and women’s rights over their bodies. It could potentially even pave the way for the criminalisation of marital rape, which, at the moment, is not punishable in India.

Continued: https://www.aljazeera.com/opinions/2022/10/18/why-indias-landmark-abortion-ruling-could-echo-around-the-world


By recognising pregnant woman’s right to dignity and autonomy, Supreme Court has made informed decisions on reproductive health possible

On the International Safe Abortion Day, a three-judge bench of the Supreme Court emphatically held that all women are entitled to safe and accessible abortions in India.

ROHIN BHATT
SEPTEMBER 30, 2022

WHEN the Delhi High Court dismissed the matter of X versus. The Principal Secretary, Health and Family Welfare Department, I was apprehensive that this case would end in disappointment and result in a situation which is similar to  what is happening after the United States Supreme Court’s recent decision in Dobbs versus Jackson Women’s Health Organization (2022) in the U.S. In an earlier piece for The Leaflet around this decision, I ended with the following question — “to what length must a woman have to go in order to protect her fundamental right of bodily autonomy under Article 21 [of the Constitution]?”

The Supreme Court of India, in appeal, has answered my question affirmatively in favour of the womanhood.  On the International Safe Abortion Day, a three-judge bench of the Supreme Court emphatically held that all women are entitled to safe and accessible abortions in India.

Continued: https://theleaflet.in/by-recognising-pregnant-womans-right-to-dignity-and-autonomy-supreme-court-has-made-informed-decisions-on-reproductive-health-possible/


Why India’s law on abortion does not use the word ‘abortion’

Why India’s law on abortion does not use the word ‘abortion’
Some attribute the curious choice of words ‘medical termination of pregnancy’ in the 1971 Act to the colonial hangover of using technical jargon. But that's not the case.

Shonottra Kumar
17 May, 2020

Have you wondered why the law on abortion in India, i.e., the Medical Termination of Pregnancy Act (MTP), 1971, does not use the word ‘abortion’? Was there a reason for law makers to choose the phrase ‘medical termination of pregnancy’ over the colloquially recognised term ‘abortions’?

While some attribute the curious choice of words to the colonial hangover of using technical jargon in laws, the real reason is different. The intended use of the term ‘medical termination of pregnancy’ is aimed at ensuring that abortion laws in the country aren’t framed as granting women a choice or a right to undergo safe abortions, but as procedures to protect doctors against prosecution for conducting abortions. This blog explains how.

Continued: https://theprint.in/opinion/india-law-abortion-medical-termination-pregnancy-act/423380/


India – Seeking a more progressive abortion law

Seeking a more progressive abortion law

Ayushi Agarwal
February 10, 2020

The Medical Termination of Pregnancy Bill doesn’t do enough to secure women’s choices and interests

Recent reports have shown that more than 10 women die everyday due to unsafe abortions in India, and backward abortion laws only contribute to women seeking illegal and unsafe options. The Cabinet has recently approved the Medical Termination of Pregnancy (Amendment) Bill, 2020 (MTP Bill, 2020) which will soon be tabled in Parliament. It seeks to amend the Medical Termination of Pregnancy Act, 1971 (MTP Act) and follows the MTP Bills of 2014, 2017 and 2018, all of which previously lapsed in Parliament.

Continued: https://www.thehindu.com/opinion/op-ed/seeking-a-more-progressive-abortion-law/article30777394.ece


India’s abortion law — ahead of its time in 1971 but now behind science, societal demands

India’s abortion law — ahead of its time in 1971 but now behind science, societal demands
Abortion has been legal for 48 years but is still not based on women's rights. Moreover, experts argue it isn't in line with current medical and societal standards.

Aneesha Bedi and Apoorva Mandhani
Updated: 3 June, 2019

New Delhi: Two years ago, in August 2017, the Supreme Court refused to grant permission to a 10-year-old school-going rape survivor from Chandigarh to abort her 32-week-old foetus. The apex court relied on a medical board report, which warned that abortion would risk the girl’s life.

This despite the girl having told the court that her body was not ready for childbirth. She was forced to deliver, giving birth to a baby girl soon after.

Continued: https://theprint.in/india/indias-abortion-law-ahead-of-its-time-in-1971-but-now-behind-science-societal-demands/244884/


India – SC says abortion amounts to murder, rejects 20-year-old Mumbai woman’s plea

SC says abortion amounts to murder, rejects 20-year-old Mumbai woman’s plea

Ritika Jain
16 July, 2018

The petitioner, now over 25 weeks pregnant, had cited marital discord and a desire to end her marriage as grounds to seek an abortion.

New Delhi: The Supreme Court Monday denied a 20-year-old woman permission to terminate her over-25-week pregnancy, suggesting that aborting a foetus amounted to murder.

Under Indian law, pregnancies older than 20 weeks can only be terminated if they pose a danger to the mother’s life, or are likely to culminate in serious physical or mental abnormalities in the child.

Continued: https://theprint.in/governance/sc-says-abortion-amounts-to-murder-rejects-20-year-old-mumbai-womans-plea/83524/