Why There's No Choice For Would-be Mothers?

The Supreme Court’s rejection to a plea to terminate foetus with Down Syndrome has once again sparked the debate on India’s stringent abortion laws 

- Anu Jain Rohatgi

India’s apex court recently refused to allow a woman to abort her 27-week foetus diagnosed with it suffers from Down Syndrome. The medical board, in its report, had earlier stated that the baby is not likely to survive like a normal child. It had also said pointed out that it not possible to determine the period of time for which the baby is likely to survive.

The latest ruling has once again sparked the debate on India’s stringent abortion laws. In 2016, the Supreme Court had permitted a rape survivor to terminate her pregnancy in 24 weeks, which is beyond the permissible 20 weeks limit prescribed under the Medical Termination of Pregnancy Act, 1971.

The year 2008 witnessed first such case in India when the Bombay High Court had rejected the petition filed by Niketa and her husband Haresh Mehta, along with their doctor Nikhil Datar, seeking permission to terminate her pregnancy, in the 26th week. The foetus was diagnosed with a complete heart blockage when she was in the 24th week of pregnancy. The couple wanted to abort the child for fear it would suffer for life. However, the medical reports, at that point of time, could not establish that Niketa’s case was an exceptional one . Thus, the court denied the abortion.

These three cases illustrate the mercy, pain, agony and pathetic condition of pregnant women in the country. Sadly, even at the verge of the 21st century a woman does not have any right over her body, including her own foetus. The law says pregnancy can be terminated within 20 weeks time, under certain conditions laid down under the Indian laws. Legally speaking, those who perform abortions after 20 weeks are criminally liable along with the woman who undergoes the abortion. It is punishable with a maximum of 10 years. But usually, the police will act only if someone approaches them and files a complaint.