Court Decisions Reflect Controversial Stance on Late-Term Abortions in India
In the past, courts allowed Govt stand of carrying foetus to full term
The Indian Express
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In recent cases, the Indian government has advocated for minors to carry pregnancies to term, even in instances of rape, arguing that late-term abortions are akin to foeticide. Courts have varied in their responses, with some allowing terminations under specific circumstances while others have upheld the government's position.
- 01The Indian government has pushed for minors to carry pregnancies to term instead of allowing late-term abortions.
- 02Recent court rulings show a mixed approach, with some allowing terminations while others deny them based on the government's stance.
- 03The Medical Termination of Pregnancy Act permits abortions up to 24 weeks, with strict conditions thereafter.
- 04AIIMS has played a significant role in advising courts on abortion cases, framing late-term terminations as foeticide.
- 05The legal landscape surrounding abortion in India remains contentious, particularly for minors and in cases of rape.
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In India, the government has taken a firm stance on late-term abortions, particularly in cases involving minors. The Centre has argued that allowing abortions beyond the 24-week limit is akin to foeticide, a perspective supported by the All India Institute of Medical Sciences (AIIMS). In a recent case, Additional Solicitor General Aishwarya Bhati urged that a 15-year-old rape survivor should carry her pregnancy for an additional four weeks. While the Supreme Court (SC) rejected this plea, it has previously allowed terminations in certain cases, such as a 14-year-old sexual assault survivor at 31 weeks. The SC's decisions illustrate a complex legal landscape where the Medical Termination of Pregnancy (MTP) Act permits abortions only up to 24 weeks, requiring a medical board's approval for later terminations, often leading women to seek judicial intervention. The inconsistency in court rulings highlights the ongoing debate over reproductive rights and the interpretation of medical advice in sensitive cases.
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The government's stance on late-term abortions affects minors' reproductive rights and access to safe medical procedures, particularly in cases of sexual assault.
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