On Abortion Rights – Judges & doctors, listen

Source: The post on Abortion Rights is based on the article “Judges & Doctors, Listen– A recent SC judgment shows why Indian medical boards must be made aware of scientific evidence on the impact of forcing women to continue an unwanted pregnancy” published in “The Times of India” on 27th October 2023.

UPSC Syllabus Topic: GS Paper 2 Governance – Issues relating to development and management of Social Sector/Services relating to Health.

News: The article discusses the Supreme Court’s decision to deny an abortion for a woman with mental health issues in India. Medical boards and courts often advise women to continue unwanted pregnancies and consider adoption. This neglects the mental and physical consequences for the woman.

What is abortion?

An abortion is a medical procedure to terminate a pregnancy. It uses medication or a surgical procedure to end the pregnancy. However, this medical procedure has a ‘Pro-Choice’ vs ‘Pro-Life’ surrounding it.

Pro-Choice-Support abortion rights of women. ‘Right of women to bodily autonomy’ is paramount.

Pro-Life- Oppose abortion rights of women. ‘Right to life of the foetus’ is paramount.

Read here for more details: Abortion laws in India

What are the implications of the Supreme Court’s decision to deny an abortion to a woman with mental health issues?

1) Mental Health Neglect: Evidence suggests of forcing a woman to continue an unwanted pregnancy can result in depression, anxiety, and other mental health problems.

2) Lack of Empathy in Medical Advice: Medical boards frequently suggest women to complete pregnancies and then give the baby up for adoption. This dismisses the impact such decisions have on the woman’s mental well-being.

3) Risks for Young Girls Ignored: For instance, in the 2018 case of a 10-year-old, the risks of a full-term pregnancy were overlooked, even though she had a congenital heart condition and other pregnancy-associated risks.

4) Contradiction with Mental Healthcare Law: The 2017 law supports mentally ill individuals making their own healthcare decisions. The recent case contradicted this.

What are the issues with the current medical view on late abortions?

Foetal Injections: These are routinely administered for late abortions in cases of foetal anomalies. This practice is aligned with the health ministry’s guidelines.

Discriminatory Gestational Limits: The Medical Termination of Pregnancy (MTP) Act sets different gestational limits for foetal anomalies. This is seen as discriminatory as it reinforces stigma and negative attitudes towards disabilities.

Late Abortion Safety: If a late abortion is deemed safe in the case of a foetal anomaly, it raises the question of why it wouldn’t be considered safe for other unwanted pregnancies.

Paternalistic Attitudes: Women seeking late abortions often face judgment and reprimand for their delay in seeking the procedure, reflecting a paternalistic medical model.

What should be done?

1) Update Medical Training: Medical professionals’ education needs to integrate the concept of reproductive rights and ensure they understand individual agency regarding reproductive choices.

2) Exposure to International Standards: Medical practitioners should be made familiar with international standards for late abortions, ensuring they’re equipped with the recommended techniques.

3) Embedded Patients’ Rights: There’s an urgent need to include patients’ rights and ethics in medical training, emphasizing respect for patient autonomy and decision-making.

4) Redefine “Counseling”: Counseling should be genuine and respectful, not a tool to repeatedly persuade women to continue unwanted pregnancies.

Terminology used:

Reproductive rights: As per the United Nations, reproductive choice entails women’s right to make decisions about reproduction, which includes the freedom to choose whether to continue or terminate an undesired pregnancy and the ability to select their preferred family planning and contraception methods.

Question for practice:

Discuss how the Supreme Court’s recent denial of an abortion impacts women’s reproductive rights and mental health in India.