Significant Abortion Decision With Legal Implications

1. Significant Abortion Decision With Legal Implications Access to abortion is one of the most contentious issues in the world, and the debate is muddied by disinformation about the true consequences of restricting access. Preventing women and girls from getting abortions does not mean they no longer need them. That is why attempts to ban or restrict abortions have little effect on the number of abortions; instead, they encourage people to seek out hazardous abortions. According to the WHO, unsafe abortions are the third greatest cause of maternal deaths globally and inflict an extra five million mainly preventable impairments. Read Supreme Court Judgements Online The Supreme Court defined the interpretation of the Medical Termination of Pregnancy Act in the recent landmark decision X vs. Principal Secretary Health & Family Welfare dept, 2022. It is a progressive decision that resulted in forging new ground and developing a modern jurisprudence on abortion legislation in conformity with changing societal mores and nontraditional familial relationships. Case Specifics A 25-year-old single woman petitioned the Delhi High Court for permission to terminate her 22-week pregnancy as a result of a consensual relationship. However, on July 15, the High Court denied her permission based on the provisions of the Medical Termination of Pregnancy Act, which allowed only married women to have abortions after 20 weeks, and she was not covered by any clauses in the MTP rules, 2003 due to mental anguish, rape, or health complications. Then she petitioned the Supreme Court, claiming that she was subjected to societal shame and persecution as an unmarried single mom, and that continuing an unplanned pregnancy would endanger her mental health.

2. Abortion and Pregnancy Termination Provisions Prior to the passage of the MTP Act in 1971, medical termination of pregnancy was governed by the IPC, specifically Sections 312 to 318. These clauses sought to criminalize abortions, save where the procedure was performed in good faith to preserve the woman's life. Parliament passed the MTP Act in 1971, decriminalizing abortion in specific defined conditions and under the supervision of registered medical practitioners. According to the MTP ACT of 1971, a pregnancy could only be terminated U/S.3(2) if it was less than 20 weeks. A pregnancy can also be terminated on the advice of one doctor if done within 12 weeks of conception. And a second doctor's opinion is required if it is done between 12 and 20 weeks. Abortion was legal only if the continuation of the pregnancy would result in: a danger to the pregnant woman's life, or Foetal anomalies discovered, or The immediate need to save the woman's life, or Cause serious harm to a woman's emotional and physical health, including rape and failure to utilize birth control. The parliament passed an amendment to the Medical Termination of Pregnancy Act in 2021 to satisfy the needs of changing times and medical science advances. The Amendment of 2021 allows abortion with the following conditions: Abortion within 12 weeks with the consent of one medical practitioner Two medical practitioners' views on abortion within 20 weeks Abortion was also permitted for certain classes of women for up to 24 weeks: Because of a change in marital status during the current pregnancy

3. Victims of rape and incest Women with disabilities and minors In addition, the 2021 Amendment replaced the phrase "by any married woman or her husband" with "Any woman or her partner bringing into the fold of the law pregnancies outside the marriage institution." The Court's Issues and Adjudication The major question before the Supreme Court was whether Rule 3B of the MTP Rules, 2003 violates Article 14 of the Indian Constitution by excluding an unmarried woman and denying her access to safe and legal abortion. In order for the legislation to evolve towards a gender equal society, the interpretation of the MTP Act and guidelines must take into account current social circumstances and not be limited by conventional conventions of age. The unamended MTP Act of 1971 was primarily concerned with married women, and the 2021 Amendment makes no distinction between married and unmarried women. Rather, all women have the right to a safe and legal abortion. Rule 3B of the MTP Rules, 2003 was struck down as discriminatory against unmarried women, who may experience the same trauma and life difficulties as married women. The purpose of Section 3(2)(b) of the MTP Act and Rule 3B is to provide for abortions between the ages of 20 and 24 weeks when women's material circumstances change. In contrast to a legal abortion performed by a skilled medical physician, unsafe abortions can be lethal. Article 21's reproductive autonomy, dignity, and privacy rights grant an unmarried woman the same freedom as a married woman to choose whether or not to bear a child.