Supreme Court (SC) permits abortion beyond 24 weeks of Pregnancy | Current Affairs | Vision IAS
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    Supreme Court (SC) permits abortion beyond 24 weeks of Pregnancy

    Posted 23 Apr 2024

    2 min read

    • SC used special powers under Article 142 to allow a medical termination of a 14 year old minor who survived rape.
      • Relief is rare as abortion law in India caps the upper limit for termination of pregnancy at 24 weeks.

     

    • About India’s law on abortion
      • Medical Termination of Pregnancy (MTP) Act 1971 provides for the termination of certain pregnancies by registered Medical Practitioners.
      • 2021 amendment of MTP Act raised the upper gestation limit from 20 to 24 weeks. Further, 
        • Opinion of 1 doctor is required where gestation period does not exceed 20 weeks
        • Opinion of 2 doctors is required where gestation period is between 20 to 24 weeks.
      • After 24 weeks of pregnancy, a medical board has to be set up in “approved facilities”.
      • MTP (Amendment) Rules, 2021 lists categories of forced pregnancies, like
        • rape in case of minors or sexual assault or incest; 
        • women with disabilities;
        • when there is a change in marital status of women during pregnancy etc.
    • Recent judgement holds significance as it ensures dignity, autonomy, confidentiality and justice for women who need to terminate pregnancy.

    Article 142

    • It provides a unique power to the SC, to do “complete justice” in any case before it, where, at times, the law or statute may not provide a remedy. 
    • Tags :
    • Article 142
    • MTP Act, 1971
    • India’s law on abortion
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