Not just nine months

GS 1: Society

Context

The court's appraisal of a woman's circumstances during a hearing for a 26-week abortion, taking the child's birth rights into consideration, has taken the place of the woman's assessment of her incapacity to carry out her pregnancy.


Extending the 2021 Amendment's Scope

· Modification The legal restriction on abortion in India has been extended to 24 weeks in certain situations, with the exception of serious fetal abnormalities.

· Judicial Intervention Persists: Women continue to petition courts for violations of the new gestational age restrictions or provider denials.

· Post-20 Week Case Prevalence: Prior to 2021, 74% of MTP cases were filed after 20 weeks, primarily due to rape or congenital malformations.

Difficulties with the Legal and Medical Systems

· Onerous Procedures: Women seeking approval for an abortion must undergo numerous medical examinations, mental health assessments, and graphic courtroom testimony.

· RMPs' Reluctance: Licensed medical professionals are reluctant to provide care because they fear legal repercussions.

· Inadequate Legal Protections: Although liberal in nature, Indian law does not comply with international human rights norms regarding access to abortion.

Unfairness in the Making of Abortion Decisions

· Unequal Considerations: Women's reproductive autonomy is impacted by the State and courts' differentiation of abortion causes.

· Debated Judgments: The fight for women's rights in pregnancy termination choices is highlighted by recent instances such as X.

· Demand for Comprehensive Reform: In order to ensure fair and secure access, the WHO supports decriminalizing abortion and eliminating gestational limitations.

LTX Mains Question:

Q. Discuss about the differences and difficulties that Indian women who want to get an abortion experience, especially when their pregnancy is longer than 20 weeks. Examine the effects of the Medical Termination of Pregnancy Act's 2021 revision and determine whether it complies with international human rights norms.

{{Mounica Sukhavasi}}

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