Abortion And The Law In India

Abortion And The Law In India

Sangram Chinnappa & Abeera Dubey
10 Jun 2020

On 22nd May 2020, out of barely 30 cases enlisted on the daily board of Bombay High Court, 4 cases were for medical termination of pregnancy. One such case was of a 13-year old minor girl who was 22-weeks pregnant. The petition was filed through the girl's mother, a pavement dweller living in Thane. The girl in the case is a survivor of heinous rape alleged to have been committed by her own father. It has been reported that the father used to regularly abuse the girl, she then moved to south Mumbai to live with her aunt and stayed with her during the lockdown.

On 14th May, the girl told her aunt about the assault, after which she fell ill and was taken to the hospital. She was later diagnosed to be 22 weeks pregnant. When she went with her aunt to file the FIR at Crawford Police Station they wrongly refused to lodge her complaint and directed her to go to Thane Police Station. This was not an easy task as the entire country was in lockdown due to COVID-19. After they finally managed to lodged the FIR at the Thane Police Station under various sections of IPC and POCSO she was taken to taken to a JJ Hospital for an abortion. As she was already beyond the 20 week limit stipulated in the law, her family was informed that their only recourse was to get a judicial order from the High Court. The family which has a tough time making ends meet and without any source of income due to the Pandemic were made to run from pillar to post to find a lawyer who could help them out pro bono as they could never afford the fees for filing a Writ Petition in the High Court.

Continued: https://www.livelaw.in/columns/abortion-and-the-law-in-india-158149

India: 56% Abortions Unsafe Despite Being Legal; Proposed Amendments On Hold

56% Abortions Unsafe Despite Being Legal; Proposed Amendments On Hold
Shaifali Agrawal, November 22, 2017

Niketa Mehta was in the 24th week of her pregnancy when a test revealed substantial abnormalities in the foetus’ heart that posed a risk to its survival. Mehta decided to abort, but found herself restrained by the Medical Termination of Pregnancy (MTP) Act, which prohibits abortion of a foetus older than 20 weeks, except when “immediately necessary to save the life of the pregnant woman”.

Mehta’s obstetrician sought judicial authorisation (Nikhil Datar v. Union of India) from the Bombay High Court, saying Mehta did not want to give birth to a severely disabled infant and witness its suffering. The court refused, saying the issue was of future health risks to the unborn child, and not to the mother.

Continued at source: http://www.indiaspend.com/cover-story/56-abortions-unsafe-despite-being-legal-proposed-amendments-on-hold-42620