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


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


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 – Late abortion not that risky any more: Experts

Late abortion not that risky any more: Experts

TNN | Jan 12, 2019

KOLKATA: The Kolkata woman who has sought an abortion at 24 weeks is not an exception, since more than 50 such cases — including one in the city — have been reported from around the country in recent years, said Mumbai-based gynaecologist Nikhil Datar. Medical termination of pregnancy beyond 20 weeks — which requires a clearance from court — should now be allowed without legal sanction if it is found to be clinically permissible, according to Datar.

Datar had treated another Kolkata woman who went through a successful abortion two years ago. On that occasion, a seven-member medical board had been formed at SSKM Hospital to oversee the procedure which took three days.

Continued: https://timesofindia.indiatimes.com/city/kolkata/late-abortion-not-that-risky-any-more-experts/articleshow/67497749.cms


“Not a woman’s choice”: India’s abortion limit puts women at risk, say campaigners

"Not a woman's choice": India's abortion limit puts women at risk, say campaigners

Roli Srivastava
September 5, 2017

MUMBAI, Sept 6 (Thomson Reuters Foundation) - They didn’t pop open boxes of sweets or send out excited phone messages when their first child was born at public hospital on a rainy Mumbai night in July.

The couple had known from the 24th week of the pregnancy that their child would be born with Arnold Chiari Type II syndrome - a structural defect in the brain.

Since abortions in India are allowed only up to 20 weeks of pregnancy, the couple petitioned India’s Supreme Court to allow them a to terminate the pregnancy, which was by then 27 weeks. The court rejected their plea.

Continued at source: Reuters: https://www.reuters.com/article/india-women-abortion/not-a-womans-choice-indias-abortion-limit-puts-women-at-risk-say-campaigners-idUSL8N1LE26E


Kolkata, India: Legal battle won, woman starts abortion process

Kolkata: Legal battle won, woman starts abortion process

Prithvijit Mitra
Jul 5, 2017

KOLKATA: The woman, who was allowed by the Supreme Court to terminate her 26-week pregnancy, got admitted to SSKM Hospital on Tuesday. She will have her foetus - afflicted with an irreversible cardiac ailment - aborted by a non-surgical procedure that may take to two days. The procedure will be supervised by the seven-member expert committee formed last week to assess the condition of the foetus.

Continued at source: Times of India: http://timesofindia.indiatimes.com/city/kolkata/legal-battle-won-woman-starts-abortion-process/articleshow/59447422.cms


India: Another petition in SC for abortion after 20 weeks

Another petition in SC for abortion after 20 weeks
Under the MTP Act, abortion is capped until 20 weeks of pregnancy.

Written by Tabassum Barnagarwala | Mumbai |
Published:February 3, 2017 3:13 am

ANOTHER Mumbai couple has petitioned the Supreme Court for relief under the Medical Termination of Pregnancy (MTP) Act, 1971, after a diagnostic test found their foetus had no kidneys and would not be able to survive. The hearing is for Friday.

This is the third such case in the span of a year. The SC made an exception last July to allow a rape victim to undergo abortion after 20 weeks of gestation. In January this year, a Dombivli resident had filed a similar petition and was granted relief.

Continued at link
Source, Indian Express: http://indianexpress.com/article/india/another-petition-in-sc-for-abortion-after-20-weeks/