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Posted 23 Apr 2024

2 min read

  • SC used special powers under Article 142 to allow a medical termination of a 14 year old minor who survived rape.
    • Relief is rare as abortion law in India caps the upper limit for termination of pregnancy at 24 weeks.

 

  • About India’s law on abortion
    • Medical Termination of Pregnancy (MTP) Act 1971 provides for the termination of certain pregnancies by registered Medical Practitioners.
    • 2021 amendment of MTP Act raised the upper gestation limit from 20 to 24 weeks. Further, 
      • Opinion of 1 doctor is required where gestation period does not exceed 20 weeks
      • Opinion of 2 doctors is required where gestation period is between 20 to 24 weeks.
    • After 24 weeks of pregnancy, a medical board has to be set up in “approved facilities”.
    • MTP (Amendment) Rules, 2021 lists categories of forced pregnancies, like
      • rape in case of minors or sexual assault or incest; 
      • women with disabilities;
      • when there is a change in marital status of women during pregnancy etc.
  • Recent judgement holds significance as it ensures dignity, autonomy, confidentiality and justice for women who need to terminate pregnancy.

Article 142

  • It provides a unique power to the SC, to do “complete justice” in any case before it, where, at times, the law or statute may not provide a remedy. 
  • Tags :
  • Article 142
  • MTP Act, 1971
  • India’s law on abortion
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