In Abortion Debate, A Question Of Rights

Women must feel free to decide whether to continue or terminate pregnancy without the pressure of arbitrary limits and the imposition of a State or third person's morality

While the world continues to be divided over abortion rights, India legalised abortions almost 50 W years ago by passing the Medical Termination of Pregnancy Act, 1971. The time restrictions imposed on abortions in 1971 were appropriate for the technology at the time. The Act originally only allowed abortion up to a 20-week limit. My case and cases filed by more than 300 women seeking permission for late abortions paved the way for the recent amendment to the Act, raising the limits for termination to 24 weeks in certain circumstances, keeping up with the medical advances in diagnostics and therapeutics.

Despite the recent activism in this area, yet another woman has approached the Supreme Court seeking permission for an abortion. She is a married woman, suffering from postpartum depression, with a pregnancy of six months. The foetus has no abnormalities. Her case does not fit under any conditions for which the law allows abortion. The opinions of the judges in the apex court are divided. Since the pregnancy is an advanced one, the heart of the foetus would have to be medically stopped. Otherwise, a live birth would occur and the child would suffer due to severe prematurity. The court is viewing this as a moral conundrum. However, one must understand that extinguishing potential life with or without a procedure is a part of every abortion irrespective of the gestational age. On sonography, heart sounds can be heard as early as six to seven weeks and the human form can be seen at around 11 weeks. Therefore, any abortion at whatever gestational age will mean extinguishing potential life.