Abortion is a woman’s right to decide
3 years, 8 months ago

Abortion is a woman’s right to decide

The Hindu  

Given the phenomenal expansion in feminist jurisprudence over the last decade, particularly on the issue of a woman’s right to choose to have an abortion, it now appears quite plain that the central government’s amendment to the abortion laws not only retains the traditional notion that the state must intervene and decide for women as to when and in what circumstances abortions may be carried out, but even the pathetic measures set out in the Medical Termination of Pregnancy Act 2021 are too little and have come too late. Section 3 put an outer limit of 20 weeks on the length of the pregnancy and required two doctors to certify that the continuation of the pregnancy would involve a risk to the life of the woman or grave injury to her physical or mental health or that there was a substantial risk that the child born would suffer from such physical or mental abnormalities as to be seriously handicapped. Given the gruesome context from which these petitions sprung the Supreme Court generally responded well by ignoring the statutory provisions as it was patent that not allowing abortions to take place would have caused grave injustice to the woman. Sneha Mukherjee is an advocate practising in the Supreme Court of India and is also Director of the Women’s Rights Initiative at Human Rights Law Network

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History of this topic

'Unspoken' abortion ban in regions
1 month, 3 weeks ago

'Unspoken' abortion ban in regions

ABC  

Sally Sara: Abortion is a legal right across the country, but doctors say an unspoken ban is denying some women access in rural and regional areas. Your story has uncovered the case of a woman who was turned away from a scheduled abortion in southern New South Wales. But Melissa was booked in, as you said, for a surgical termination …

Melania Trump says she supports abortion rights in new memoir, publisher demands cash for interview
2 months, 3 weeks ago

Melania Trump says she supports abortion rights in new memoir, publisher demands cash for interview

Salon  

In her memoir, “Melania,” Donald Trump’s wife asserts that she supports women’s reproductive rights, including the right to abortion, The Guardian reported. In her book, set to be released Oct. 8, Melania Trump wrote: “It is imperative to guarantee that women have autonomy in deciding their preference of having children, based on their own convictions, free from any intervention or …

Why providers say abortion ban exceptions continue to cause confusion
6 months, 2 weeks ago

Why providers say abortion ban exceptions continue to cause confusion

NPR  

Why providers say abortion ban exceptions continue to cause confusion toggle caption Joe Raedle/Getty Images North America TALLAHASSEE, Fla. — When Dr. Rachel Humphrey went to medical school, she says she never imagined caring for her patients could land her in prison. Humphrey says an exemption to protect a pregnant person’s life makes sense on the surface, but that it …

'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
7 months, 1 week ago

'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination

ABP News  

The Supreme Court on Wednesday refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order refusing …

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
7 months, 1 week ago

Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live

The Hindu  

The Supreme Court on May 15 refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 order …

SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
7 months, 1 week ago

SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live

Hindustan Times  

New Delhi: The Supreme Court on Wednesday refused to entertain a plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy, saying the foetus in the womb also has a fundamental right to live. A bench headed by Justice B R Gavai passed the order while hearing the woman's plea challenging the Delhi High Court's May 3 …

Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
7 months, 1 week ago

Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination

India TV News  

The Supreme Court declined to entertain the plea of a 20-year-old unmarried woman seeking termination of her over 27-week pregnancy. The bench, headed by Justice B R Gavai, cited the foetus's fundamental right to life as it passed the order during the hearing challenging the Delhi High Court's May 3 ruling, which also refused termination of the pregnancy. High Court …

Abortion law: The movement to strip pregnant women of their rights is growing. The Supreme Court may make it much worse.
54 years, 11 months ago

Abortion law: The movement to strip pregnant women of their rights is growing. The Supreme Court may make it much worse.

Slate  

Should the very state of being pregnant place women in a subclass of citizen, vulnerable to criminal prosecution or civil penalties for behavior that would be perfectly legal from a nonpregnant person? Conservative legal groups are already drafting model legislation to prevent pregnant women from traveling for abortions by legally penalizing anyone who helps them, a strategy used by the …

SC Allows Abortion for 30-Week Pregnant Minor Rape Victim, Understanding Medical Termination of Pregnancy Act
8 months ago

SC Allows Abortion for 30-Week Pregnant Minor Rape Victim, Understanding Medical Termination of Pregnancy Act

News 18  

In a significant step, the Supreme Court has allowed medical termination of almost 30-week pregnancy of a 14-year-old rape survivor. According to the Medical Termination of Pregnancy Act, abortion is allowed up to 24 weeks for married women, rape survivors and differently-abled and minors. Before the enactment of the MTP Act in 1971, the medical termination of pregnancy was governed …

Legally speaking | The right to abort, in light of different judgements
10 months, 3 weeks ago

Legally speaking | The right to abort, in light of different judgements

Hindustan Times  

Every few months, the constitutional courts deliver judgements pertaining to abortion and the legal framework surrounding it. Later, a larger three-judge bench of the Supreme Court headed by the Chief Justice of India, did not permit the termination of pregnancy beyond 24 weeks since there was no substantial foetus abnormality diagnosed by the medical board that examined the woman. This …

Impacting a woman’s freedom to reproductive choices
1 year, 1 month ago

Impacting a woman’s freedom to reproductive choices

The Hindu  

November 02, 2023 12:16 am | Updated 09:09 am IST On October 16, in X vs Union of India, the Supreme Court of India declined permission to a woman who was seeking to terminate a 26 week-long pregnancy. Chandrachud, held that the woman’s case fell outside the scope of the Medical Termination of Pregnancy Act, 1971 The Court said the …

Limits to women’s reproductive rights
1 year, 2 months ago

Limits to women’s reproductive rights

Hindustan Times  

The issue of whether the Supreme Court or any legal authority should compel a woman to continue a pregnancy against her will is a profoundly intricate and contentious matter. Legal systems strive to strike a balance between competing rights and interests, such as a woman’s right to choose and the rights of a developing foetus. The right to make decisions …

‘Incorrect to Call It Abortion’: Medical Fraternity Divided on SC’s Rejection of Plea to End 26-Week Pregnancy
1 year, 2 months ago

‘Incorrect to Call It Abortion’: Medical Fraternity Divided on SC’s Rejection of Plea to End 26-Week Pregnancy

News 18  

On Monday, the Supreme Court dismissed the request of a married woman to terminate her pregnancy which had progressed beyond 26 weeks. C-Section is avoided.” “For instance,” she said citing examples from other countries, “such drugs are injected but only in cases where the foetus has a proven anomaly such as Down Syndrome or the mother’s life is at critical …

Supreme Court refuses to permit married woman to terminate her over 26-week pregnancy
1 year, 2 months ago

Supreme Court refuses to permit married woman to terminate her over 26-week pregnancy

The Hindu  

The Supreme Court on Monday declined a married woman’s plea to medically terminate her 26-week pregnancy, saying the court is averse to ordering doctors to “stop the heartbeat” of the foetus when medical reports say she will give birth to a “viable baby”. Chandrachud made it clear that the woman cannot claim an “absolute, overriding right” to abort, especially when …

Supreme Court divided on married woman’s right to abort 26-week pregnancy
1 year, 2 months ago

Supreme Court divided on married woman’s right to abort 26-week pregnancy

The Hindu  

A Division Bench of two women judges of the Supreme Court on Wednesday were split in their opinions about the decision of a married woman to abort her 26-week pregnancy and the Centre’s resolve to save the “unborn child”. Additional Solicitor General Aishwarya Bhati, for the Union government, however said the woman has no “absolute right of autonomy to exercise …

Compelling Woman To Continue Unwanted Pregnancy Violates Fundamental Rights: Chhattisgarh High Court Grants Relief To Minor Rape Survivor
1 year, 5 months ago

Compelling Woman To Continue Unwanted Pregnancy Violates Fundamental Rights: Chhattisgarh High Court Grants Relief To Minor Rape Survivor

Live Law  

The Chhattisgarh High Court has recently opined that compelling a woman to continue with ‘unwanted pregnancy’ violates her fundamental rights. While allowing medical termination of pregnancy of an alleged minor rape victim, the Single Judge Bench of Justice P. Sam Koshy observed, “It is by now a well settled principle that compelling a woman to continue with an unwanted pregnancy …

I had an abortion – ministers need to listen to women like me before deciding what to do with our bodies
1 year, 6 months ago

I had an abortion – ministers need to listen to women like me before deciding what to do with our bodies

The Independent  

For many, getting pregnant is easy. Carla Foster, a 44-year-old mother-of-three, got hold of the abortion pills under the government’s “pills by post” initiative for unwanted pregnancies up to 10 weeks. Troubling opinions held by anti-abortion activists range from linking abortion to satanism, the devil and child sacrifice, arguing for pregnancy terminations to be banned in cases of rape, thinking …

Polish authorities rule rights of pregnant woman who died were violated amid abortion law debate
1 year, 6 months ago

Polish authorities rule rights of pregnant woman who died were violated amid abortion law debate

Associated Press  

WARSAW, Poland — Polish health authorities said Monday that there was a violation of patient rights in the case of a woman who died of sepsis in the fifth month of pregnancy last month, a case that has gained scrutiny after a tightening of Poland’s already restrictive abortion law. Poland’s health minister, Adam Niedzielski, also stressed that every woman whose …

Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022
1 year, 11 months ago

Women's Bodily Autonomy & Right To Medical Termination Of Pregnancy: All India High Courts Digest 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Calcutta High Court Allows 17 Yr Old Rape Victim To Undergo Medical Termination Of Pregnancy Case Title: Rupa Das v. The State of West Bengal & Ors Case Citation: 2022 LiveLaw 148 The Calcutta High Court permitted a 17 year old rape victim to …

A decisive shift in the discourse on abortion rights
2 years, 2 months ago

A decisive shift in the discourse on abortion rights

The Hindu  

Recently, a single woman, residing in Delhi, approached the Delhi High Court seeking permission to terminate her 22-week-old pregnancy. The woman filed an appeal before the Supreme Court of India, which in the first instance, granted her permission to terminate the pregnancy based on the report of the medical board concerned. First, it acknowledges the context of criminality in which …

Explained | How has the Supreme Court expanded abortion rights?
2 years, 2 months ago

Explained | How has the Supreme Court expanded abortion rights?

The Hindu  

The story so far: On September 29, the Supreme Court ruled that single and unmarried women with pregnancies between 20 and 24 weeks are entitled to access the same safe and legal abortion care as married women. Chandrachud said “the rights of reproductive autonomy, dignity and privacy give an unmarried woman the right of choice as to whether or not …

DC Edit | Landmark abortion ruling expands women’s rights
2 years, 2 months ago

DC Edit | Landmark abortion ruling expands women’s rights

Deccan Chronicle  

It was blindingly obvious that there should be no distinction between married and unmarried women when it comes to having an abortion any time up to 24 weeks of pregnancy. The abortion ruling goes well beyond religion and other impediments like single women not being allowed to seek abortion after 20 weeks. The sweep of the judgment is truly remarkable …

Supreme Court ruling will help promote safe abortions, say medical experts
2 years, 2 months ago

Supreme Court ruling will help promote safe abortions, say medical experts

Hindustan Times  

The Supreme Court’s ruling that unmarried women are also entitled to seek termination of 24 weeks of pregnancy arising out of a consensual relationship is a “progressive” judgment and will help promote safe abortion practices, medical practitioners and women rights activists said on Thursday. In a significant ruling on Thursday, the Supreme Court declared that even an unmarried woman can …

Supreme Court ruling on abortion comes as a ‘ray of hope’, say activists
2 years, 2 months ago

Supreme Court ruling on abortion comes as a ‘ray of hope’, say activists

The Hindu  

The historic judgment of the Supreme Court Bench led by Justice D.Y. Chandrachud that unmarried women in a consensual relationship are also entitled to safe and legal abortion along with its strong emphasis on women’s right to bodily autonomy without the need for authorisation from a third-party to access abortion was welcomed as “progressive” and a “ray of hope” at …

A landmark for women’s rights
2 years, 2 months ago

A landmark for women’s rights

Hindustan Times  

The Supreme Court on Thursday removed the distinction between married and unmarried women in India’s abortion laws and, for the first time, accorded formal recognition to marital rape, though in the limited context of termination of pregnancy. The court ruled that unmarried women can undergo abortion up to 24 weeks of their pregnancy, bringing them on par with married women. …

Consent Of Woman's Family Not Needed For Abortion, Doctors Cannot Impose Extra Legal Conditions : Supreme Court
2 years, 2 months ago

Consent Of Woman's Family Not Needed For Abortion, Doctors Cannot Impose Extra Legal Conditions : Supreme Court

Live Law  

The Supreme Court observed that a woman who seeks legal abortion cannot be required to seek consent from her family.It is only the woman's consent which is material, the bench of Justices DY Chandrachud, A.S. Bopanna and J.B. Pardiwala observed.A common yet lamentable practiceThe court noted that it is a common yet lamentable. The Supreme Court observed that a woman …

Supreme Court axes 51-year-old curb, single women get equal abortion rights
2 years, 2 months ago

Supreme Court axes 51-year-old curb, single women get equal abortion rights

The Hindu  

In a historic judgment, the Supreme Court on Thursday allowed unmarried and single women whose pregnancies are between 20 and 24 weeks to access safe and legal abortion care on par with their married counterparts. The court declared that prohibiting single or unmarried pregnant women with pregnancies between 20 and 24 weeks from accessing abortion while allowing married women with …

All Women Entitled To Safe And Legal Abortion Irrespective Of Marital Status: Supreme Court
2 years, 2 months ago

All Women Entitled To Safe And Legal Abortion Irrespective Of Marital Status: Supreme Court

ABP News  

New Delhi: The Supreme Court on Thursday said that all women are entitled to safe and legal abortion irrespective of marital status. According to news agency ANI, the apex court held that the marital status of a woman cannot be ground to deprive her right to abort unwanted pregnancy. SC Overruled Delhi High Court Order, Allowed Unmarried Woman To Terminate …

A law, without a flaw: on availing abortion services
2 years, 4 months ago

A law, without a flaw: on availing abortion services

The Hindu  

The most celebrated kind of court judgments are those that eliminate inherent bias vested in a law or rules framed by the government. The Supreme Court’s move last week to set right a rule that was ‘manifestly arbitrary and violative of women’s right to bodily dignity’ fits right into the concept of justice that is free, and without prejudice or …

Unmarried Woman's Right To Seek Abortion : Supreme Court Posts Matter For Hearing On August 10; Seeks Union's Views
2 years, 4 months ago

Unmarried Woman's Right To Seek Abortion : Supreme Court Posts Matter For Hearing On August 10; Seeks Union's Views

Live Law  

In a plea filed by a 25 year old unmarried woman seeking medical termination of her 24 week pregnancy, the Supreme Court, on Friday, reflected on ways to extend the benefit of Section 3 of the Medical Termination of Pregnancy Act, 1971, to unmarried women so that they can The Court had on July 21 passed an ad-interim order prima …

Extend the 24-week limit for abortion to all
2 years, 4 months ago

Extend the 24-week limit for abortion to all

Hindustan Times  

Recently, a two-judge bench of the Delhi high court refused to allow a woman, who was in the 23rd week of her pregnancy, to abort her foetus. Later that week, the HC’s order was set aside by the Supreme Court, and the woman allowed to terminate the pregnancy, subject to a medical board decision on whether the abortion would endanger …

No basis to deny abortion to unmarried women, says SC as it allows plea to terminate 24-week pregnancy
2 years, 5 months ago

No basis to deny abortion to unmarried women, says SC as it allows plea to terminate 24-week pregnancy

India Today  

Overturning a Delhi High Court order, the Supreme Court on Thursday allowed an unmarried woman to abort her pregnancy of 24-weeks arising out of a live-in relationship, subject to an all-clear by medical experts on its safety. The order is significant because it fills in a legislative gap in the Medical Termination of Pregnancy Act on an unmarried woman’s right …

Women have right to safe abortion: Supreme Court
2 years, 5 months ago

Women have right to safe abortion: Supreme Court

The Hindu  

Denying an unmarried woman the right to a safe abortion violates her personal autonomy and freedom, the Supreme Court held in an order on Thursday. The lower court had taken an "unduly restrictive view" that her plea for a safe abortion was not covered under the Medical Termination of Pregnancy Act as the pregnancy arose from a consensual relationship outside …

Can't Deny Unmarried Women Right to Abortion: SC Expands MTP Act, Allows to Abort 24-weeks Fetus
2 years, 5 months ago

Can't Deny Unmarried Women Right to Abortion: SC Expands MTP Act, Allows to Abort 24-weeks Fetus

News 18  

In a significant order, the Supreme Court Thursday expanded the scope of the Medical Termination of Pregnancy Act to include unmarried women and allowed a 25-year-old woman to abort her 24-weeks pregnancy arising out of a consensual relationship. The top court said, “a woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of …

Regressive, inhumane: The Hindu Editorial on the U.S. Supreme Court removing right to abortion
2 years, 5 months ago

Regressive, inhumane: The Hindu Editorial on the U.S. Supreme Court removing right to abortion

The Hindu  

When a democracy rolls back a constitutional right that has been in place for almost half a century, it must consider itself in deep peril. The U.S. stands at that fraught juncture now, after its Supreme Court, in a 6-3 majority, overturned the 1973 ruling in Roe vs Wade, and took away the constitutional right to abortion. With Roe, as …

Still a long way for termination as an unconditional right
2 years, 7 months ago

Still a long way for termination as an unconditional right

The Hindu  

The issue of abortion is in the news again, internationally. The law provides for a set of reasons based on which an MTP can be accessed: the continuation of the pregnancy would involve a risk to the life of the pregnant woman or result in grave injury to her physical or mental health. The law explains that if the pregnancy …

Centre notifies new rules that allow abortion till 24 weeks of pregnancy for certain categories of women
3 years, 2 months ago

Centre notifies new rules that allow abortion till 24 weeks of pregnancy for certain categories of women

The Hindu  

The government has notified new rules under which the upper limit for termination of a pregnancy has been increased from 20 to 24 weeks for certain categories of women. According to the Medical Termination of Pregnancy Rules, 2021, these categories include survivors of sexual assault or rape or incest, minors and women whose marital status changes during an ongoing pregnancy …

A woman’s body is not her own in much of today’s world
3 years, 2 months ago

A woman’s body is not her own in much of today’s world

Live Mint  

The United Nations Population Fund’s State of World Population report, 2021, for the first time, focused on the issue of women’s bodily autonomy. At this juncture, many pro-choice activists are apprehensive about the possibility of the SC’s present conservative majority endorsing the legality of the Mississippi law, or perhaps even going further by overturning its 1973 landmark ruling in the …

Delhi HC Allows Woman to Abort 28-week Pregnancy on Medical Grounds in Landmark Verdict
3 years, 11 months ago

Delhi HC Allows Woman to Abort 28-week Pregnancy on Medical Grounds in Landmark Verdict

News 18  

The Delhi High Court Monday allowed a woman’s plea to terminate her 28-week pregnancy after a medical board constituted by AIIMS said her fetus can be aborted as it suffered from anencephaly, a condition where the skull bone is not formed, and was, therefore, incompatible with life. A bench of Chief Justice D N Patel and Justice Jyoti Singh permitted …

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