India – Telangana: PhD scholar, others held after wife dies during forced abortion

A total of six individuals involved in the case have been arrested

by Tamreen Sultana 
2nd July 2024

Hyderabad: The Suryapet police arrested a PhD scholar along with five others on Monday, July 1, for allegedly forcing his wife to have an unsafe abortion of a baby girl, resulting in her death.

The accused have been identified as PhD scholar Ratnavath, Ranapangu Gopi, Shaik Saidulu, Naveen, Dr. Qasim, and Rani. A total of seven individuals were allegedly involved in the case, and one of them is still absconding, said the Suryapet police.

Continued: https://www.siasat.com/hyderabad-phd-scholar-others-held-after-wife-dies-during-forced-abortion-3054842/


India – 28-week-old fetus’ right to life trumps right to abort: SC

Dhananjay Mahapatra / TNN
May 16, 2024

Supreme Court upholds 28-week-old fetus’s right to life, denying unmarried woman’s plea to terminate pregnancy under Medical Termination of Pregnancy Act despite provisions for rape survivors and minors to abort beyond 24 weeks. Delhi HC Justice Subramonium Prasad rejects plea for termination citing ethical and legal concerns about feticide. … SC said, "The child in the womb has a fundamental right to life.”

Continued: https://timesofindia.indiatimes.com/india/28-week-old-fetus-right-to-life-trumps-right-to-abort-sc/articleshow/110157500.cms


India – Supreme Court allows abortion of minor rape survivor

By : AgencyFirst
Monday, Apr 22, 2024

New Delhi (ANI): The Supreme Court on Monday allowed medical termination of the pregnancy of a 14-year-old rape survivor while noting that continuing the pregnancy may harm the physical and mental health of the minor.

A bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala, allowing the girl to undergo abortion who is over 29 weeks pregnant, held that the urgency of the situation and the welfare of the minor necessitated the medical termination of pregnancy.

Continued: https://www.babushahi.com/full-news.php?id=183104&headline=SC-allows-abortion-of-minor-rape-survivor


India – Doctor Allegedly Flees After Patient Dies During Abortion in Karimganj

Feb 10, 2024

GUWAHATI: A woman lost her life during an abortion procedure, allegedly due to incorrect treatment at the Karimganj Civil Hospital on February 9. The doctor who was operating on the woman soon escaped the hospital premise after locking the Operation Theatre.

The situation escalated when her family, concerned about the prolonged operation, discovered that the operating surgeon, Ashish Kumar Biswas, and his team had fled the operation theatre.

Continued: https://www.guwahatiplus.com/assam/doctor-flees-after-patient-dies-during-abortion-in-karimganj


India – On abortion, Supreme Court and government have failed women

Coerced pregnancies and forceful state oversight of termination benefit neither the pregnant person nor the child

Written by Rohin Bhatt
February 5, 2024

For a long time, Indians have prided themselves on a “liberal abortion regime”. In 2022, Union Minister for Women and Child Development Smriti Irani wrote in The Indian Express (‘West steps back, India shows way’, June 27), “It is a liberal achievement over countries where abortions are disallowed since conception, even in the most traumatising of circumstances of sexual abuse or incest… Not only is the government making a concerted effort for reproductive choices to be easier on the pockets of women, it is also promoting safe motherhood through institutional deliveries under Janani Suraksha Yojana and quality, respectful care in labour rooms during deliveries under schemes like LaQshya.”

But do the government and courts walk the talk when issues of abortion come up? A recent look at the decisions of the Supreme Court and high courts would suggest — the answer is no.

Continued: https://indianexpress.com/article/opinion/columns/abortion-supreme-court-government-have-failed-women-9145065/


India – ‘24-Week Limit For Abortion Is Obsolete’

The Medical Termination of Pregnancy Act does not permit abortions beyond 24 weeks, but this limit is obsolete, as abortions can now safely be performed right up to full term, senior advocate Colin Gonsalves says

By Menaka Rao
2 Feb, 2024

New Delhi: On January 23, the Delhi High Court recalled its order granting permission for abortion to a 26-year-old woman. Her husband had died two months ago. She was about 30 weeks pregnant when she approached the court. The earlier order was based on the fact that she had suicide ideation due to her bereavement, but the court turned back on its previous order after doctors at the All India Institute of Medical Sciences (AIIMS) raised objections to the late-term abortion saying that the foetus was viable and it could be born alive after the procedure.

This case is similar to the one decided in October 2023 by a three-judge bench of the Supreme Court, which involved a married woman with postpartum psychosis after a recent delivery. There too, AIIMS doctors had sent clarifications that it was a late-term pregnancy as defined by the Medical Termination of Pregnancy Act, 2021 (MTP Act). The Supreme Court not only rejected the abortion plea at the time, but also told the woman to deliver the baby at AIIMS and give it up for adoption if the couple wishes to do so.

Continued: https://www.indiaspend.com/indiaspend-interviews/24-week-limit-for-abortion-is-obsolete-892891


Abortion law in India is changing. Advocate Amit Mishra is at the centre of it all

Debate on woman’s right to terminate pregnancy as against right of unborn child has been gaining steam in India. Dr Mishra says he gets 1-2 cases every month involving these rights.

APOORVA MANDHANI
03 February, 2024

New Delhi: ‘The baby is currently viable — that is he will show signs of life and have a strong possibility of survival — so we would need a directive from the Supreme Court on whether a foeticide can be done before the abortion.’ This is what an AIIMS doctor wrote in an email to the Supreme Court on 10 October last year. The email changed the course of the debate on abortion in India.

The email was written after a two-judge bench of the Supreme Court, on 9 October, allowed a 27-year-old woman, ‘X’, to terminate her 26-week pregnancy.

Continued: https://theprint.in/judiciary/abortion-law-in-india-is-changing-advocate-amit-mishra-is-at-the-centre-of-it-all/1950906/


India – ‘Fetus is normal’ — AIIMS asks HC to reconsider order allowing abortion for 31 weeks pregnant woman

Delhi HC order allowed abortion citing psychiatric report that woman was suffering from extreme trauma. Hospital's application says 'feticide' in this case 'neither justified nor ethical'.

BHADRA SINHA
16 January, 2024

New Delhi: The All India Institute of Medical Sciences (AIIMS) has expressed reservations about a Delhi High Court order permitting abortion to a 31-week pregnant woman.

In an application filed Monday before the high court, the hospital said the “fetus is grossly normal” and, therefore, “feticide” in the case “is neither justified nor ethical”.

Continued: https://theprint.in/judiciary/fetus-is-normal-aiims-asks-hc-to-reconsider-order-allowing-abortion-for-31-weeks-pregnant-woman/1925498/


A disturbing judicial trend to inhibit access to abortion services in India

Two decisions, one of the Kerala High Court and the other of the Supreme Court of India represent a disturbing new trend of courts leaning away from respect for bodily autonomy and the choice of a pregnant person in access to abortion services.

MUSKAN TIBREWALA
JANUARY 7, 2024

IN a short span of four days, from December 18 to December 22, the fate of a 12-year-old girl child who is pregnant due to rape by her minor brother was decided by the Kerala High Court.

The girl child sought termination of the pregnancy on the ground that giving birth would lead to “cataclysmic consequences to her physiological and psychological condition”.

Continued: https://theleaflet.in/a-disturbing-judicial-trend-to-inhibit-access-to-abortion-services-in-india/


India – 55-year-old rapist, nurse who performed abortion on minor held under Pocso Act in TN

According to a police source, the accused farmer of Ponnivadi village in Dharapuram owned several acres of farmland in the locality.

30th December 2023

TIRUPPUR: Police on Friday arrested a 55-year-old man under Pocso Act for sexually assaulting a girl and making the minor abort the baby in Dharapuram. A nurse attached to the Dharapuram Government Hospital was also arrested for her role in the Dalit girl’s abortion.

According to a police source, the accused farmer of Ponnivadi village in Dharapuram owned several acres of farmland in the locality. The 16-year-old girl was working as a farmhand in his field. The accused sexually assaulted her repeatedly, and three months ago, the minor became pregnant.

Continued: https://www.newindianexpress.com/states/tamil-nadu/2023/dec/30/55-year-old-rapist-nurse-who-performed-abortion-on-minor-held-under-pocso-act-in-tn-2646134.html