SC rejects abortion plea of 10-year-old: & Not just a question of weeks: 

SC rejects abortion plea of 10-year-old: & Not just a question of weeks: 

Context:

• On July 24, 2017, a Bench of Justices had directed doctors to medically examine the 10 year old, rape- victim girl and file a report in court on the health of the girl.
• In a short hearing, the court perused the report filed by the doctors and denied permission for an abortion.

Reason:

• Reports says that the abortion will endanger both the girl and her 32-week-old foetus.
• The Medical Termination of Pregnancy Act of 1971 bars abortion if the foetus has crossed the 20-week mark.
• An exception to the law is made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for either the mother or the baby.
• The court has observed that in the case of pregnant women, there is a state responsibility in protecting the life of the prospective child.
• Therefore, the termination of a pregnancy is only permitted when the conditions specified are fulfilled.

The Medical Termination of Pregnancy Act:

• The Medical Termination of Pregnancy Act stipulates a cap of 20 weeks within which an abortion can be performed.
• While advising an abortion, medical practitioners are expected to evaluate whether continuing with the pregnancy would involve a risk to the life of the mother or cause grave injury to her physical and mental health.

Drawbacks:

• At present women are forced to undertake the tiresome process of approaching different courts, from district courts to high courts and finally the Supreme Court, for permission to medically terminate their pregnancies which are over 20 weeks.

Amendment Bill:

• An amended Bill of the 1971 law which extends the bar from 20 to 24 weeks has been pending for the past three years.
• This draft Bill allows women, whose pregnancies are within 24 weeks, reproductive rights in consultation with their medical practitioners.
• The draft Bill also allows abortion beyond 24 weeks in case the foetus suffers from substantial abnormalities.

Further discussion:

• The Bench went on to urge the government to consider setting up permanent medical boards across the States so that women, especially child rape victims, could receive expedient access to medical care.
• The state needs to upgrade with its medical examination as far as pregnancy is concerned.