CJI Chandrachud Calls Indian Abortion Laws Liberal, But State Continues To Decide Who Gets To Abort

The Indian abortion law remains patriarchal, hetero-normative and transphobic. The law is yet to recognise a woman’s bodily autonomy and thus to acknowledge abortion as a matter of right. The authority of decision-making upon a person’s pregnancy rests with the State and the woman has to wait for the State’s benevolence which leads to a plethora of illegal and unsafe abortions.

Shahina K. K.
16 OCT 2023

While considering the plea of a 26-year-old woman for medical termination of the 26-week-old fetus, Chief Justice of India DY Chandrachud observed that India is far ahead of other countries with regard to abortion laws. He also remarked that Indian law gives paramountcy to the life of the mother.

How close does this observation go to reality? Does Indian law respect a woman’s autonomy over her body? A closer examination of the Medical Termination of Pregnancy (MTP) Act, 1971 and the prevailing court judgments present a less sanguine perspective. Even the recent 2021 amendment to the MTP Act, rather than broadening access to abortion services, tends to restrict it.

Continued: https://www.outlookindia.com/national/cji-chandrachud-calls-indian-abortion-laws-liberal-but-state-continues-to-decide-who-gets-to-abort-news-324752

16.10.2023

Centre for Justice Law and Society

Dr Shanti Lal Shah

Indian penal code

Justice D Y Chandrachud

Medical Termination of Pregnancy Act

MTP Act

patriarchal abortion law

Pratigya Campaign

Shahina K.K.

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/

11.10.2023

News

Aishwarya Bhati

All India Institute of Medical Sciences

BV Nagarathna

Hima Kohli

India Supreme Court

Justice D Y Chandrachud

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/

India: Supreme Court upholds woman’s right to abort

Supreme Court upholds woman's right to abort
Dhananjay Mahapatra | TNN
Updated: Oct 28, 2017

NEW DELHI: The Supreme Court has dismissed a man's petition seeking damages from his estranged wife for undergoing abortion without his consent, and ruled that an adult woman had an unimpeachable right to give birth or terminate pregnancy.

Terming the abortion, to which he had objected, "illegal", the husband had also demanded compensation from the woman's parents and brother, and two doctors. The Punjab and Haryana high court had dismissed the husband's plea saying termination of pregnancy was the sole prerogative of the woman .

Continued at source: https://timesofindia.indiatimes.com/india/supreme-court-upholds-womans-right-to-abort/articleshow/61281331.cms

28.10.2017