AA Edit | Define Time Frame For Safe Abortions
While the victim and her parents pleaded to abort the pregnancy, the Central government backed by medical and legal considerations opposed the plea as it could lead to undesired medical complications for the minor girl and is a violation of the Medical Termination of Pregnancy Act (Amendment), 2021
Legal challenges encountered by a 15-year-old rape survivor to medically terminate an unwanted pregnancy that emerged without her consent — drawing attention of the country’s Supreme Court thrice — highlights the archaic nature of some laws. The issue revolves around bodily autonomy, trauma and medical considerations.
While the victim and her parents pleaded to abort the pregnancy, the Central government backed by medical and legal considerations opposed the plea as it could lead to undesired medical complications for the minor girl and is a violation of the Medical Termination of Pregnancy Act (Amendment), 2021.
In its initial judgment, the Supreme Court ruled that a woman cannot be compelled to continue with a pregnancy and should be allowed to terminate it despite a statutory bar as it would otherwise affect the woman's fundamental right to bodily integrity and dignity guaranteed under Article 21 of the Constitution.
The Centre and AIIMS pursued the case relentlessly by filing a review petition and also filing a curative petition to stall the Supreme Court’s order allowing the minor to abort the unwanted pregnancy. The court directed AIIM doctors to counsel the girl’s parents and place all medical facts before them so they can decide whether to continue with the pregnancy.
The issue of medical termination of pregnancy requires a fine balance between a woman’s emotions, her present and future health, social pressures and at last legal requirements. While motherhood is considered near to divinity, unwanted pregnancies could leave rape survivors detest what is considered a blissful experience.
Nevertheless, the question of medical safety of the minors, who are not in a position of taking independent decisions, cannot be ignored. Many parents in India could risk the safety of their girl child for escaping social trauma. In the wake of medical advances, it is high time that a commission of highly reputed medical experts redefined the timeframes for safe abortion of unwanted pregnancies.