Wrong On Rights – Gujarat HC misses the point on abortion

Source: The post is based on the article “Wrong On Rights – Gujarat HC misses the point on abortion” published in The Times of India on 10^th June 2023.

Syllabus: GS 2 – Issues Related with Women

Relevance: concerns with abortion rights of women

News: The parents of a 17-year-old pregnant teen sought permission from the Gujarat High Court to terminate her pregnancy. However, the pregnancy has crossed the 24-week threshold due to the delay in revealing her situation.

What has been the observation of the court in the case?

Surprisingly, the judge cited Manusmriti to argue that it was acceptable for 17-year-olds to bear children.

Instead, the focus should be on the well-being of the girl, as the existing laws criminalize consensual sexual activity among teenagers and young adults.

The law may soon also prohibit women from marrying before the age of 21, which does not align with reality.

Hence, according to the current laws, the girl is, considered as a “statutory rape survivor,” and the 23-year-old is labeled as a “rapist.”

Further, instead of acknowledging the sensitivity and complexity of the case, the judge postponed the next hearing until June 15 after a medical evaluation, causing further distress.

What can be the way ahead?

The right to privacy grants women the autonomy to decide whether or not to continue a pregnancy. 

The Supreme Court, last September, specified that all women, whether married or unmarried, have the right to a safe abortion.

In December 2022, the Delhi High Court allowed the abortion of a 33-week-old fetus, saying “mother’s choice is ultimate”

Therefore, if the court believes that the girl can be a mother, it should equally recognize her right to a safe abortion.