Supreme Court Allows Rape Survivor To Terminate 27-Week Pregnancy
Recently the Supreme Court has allowed the rape victim to terminate her pregnancy beyond 27 weeks.
The Medical Termination of Pregnancy (MTP) (Amendment) Act, 2021 allows rape victims to terminate their pregnancy up to 24 weeks.
Key provisions of the MTP Act, 2021:
- Any abortion performed in violation of the provisions of the MTP Act is an offense punishable under sections 312 and 313 of the Indian Penal Code (IPC).
- If the duration of pregnancy is up to 20 weeks, then all women are allowed on the advice of a doctor.
- If the duration of pregnancy is 20-24 weeks, then termination of pregnancy is allowed only in the following two circumstances on the advice of at least two doctors-
- Risk of serious illness to the child or
- Threat to the life or mental health of the woman.
- It may be noted that this facility is available for rape victims and women suffering from adultery by family members and other vulnerable women such as disabled, minors etc.
- Also, all married or unmarried women have been included under this.
- If the duration of pregnancy is more than 24 weeks, then termination of pregnancy is permitted only in case of abnormal condition of the fetus on the advice of a medical board.
- It has been made mandatory for all the States/Union Territories to constitute a Medical Board. This would include gynaecologists, paediatricians etc.
Source – Business Standard