SC allows two minor rape survivors to abort foetuses: 

SC allows two minor rape survivors to abort foetuses: 

Context:

The Supreme Court recently permitted two minor rape survivors to medically terminate their pregnancies on the advice of the medical boards which examined them.

Introduction:

• They had both passed the 20th week of pregnancy, until which the law allows abortion.
• The Bench, comprising Justices Amitava Roy and A.M. Khanwilkar, directed preservation of the terminated foetuses for DNA sampling during the investigation in both the cases.

What are the legal grounds?

Medical Termination of Pregnancy Act of 1971:

• The Medical Termination of Pregnancy Act of 1971 does not allow abortion if the pregnancy has crossed 20 weeks.

• Under the 1971 law, an exception to the 20-week cap can be made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for either the mother or the baby.

• This was meant to be a safeguard against female foeticide.

Recent Example:

Chandigarh case:

• The court had recently denied permission to a 10-year-old rape survivor from Chandigarh to abort her foetus. Shortly after the court’s denial, the girl gave birth. The apex court awarded Rs. 10 lakh compensation to the girl.
• Senior advocate Indira Jaising who is intervening in the Supreme Court in the issue, had argued that the delay in offering urgent medical help to such abused women and children have led to untold suffering for them.
• Medical boards
• Recently, the Centre had written to the States and the Union Territories about the court’s suggestion to appoint permanent medical boards to provide rape survivors urgent access to medical care and to consider their requests for abortion.
• The recent privacy judgment of a nine-judge Bench of the Supreme Court has observed that the right to reproductive choice of a woman is part of her fundamental right to privacy.