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EDITORIAL ANALYSIS: Impacting a Women's freedom to reproductive choices

Impacting a Woman's freedom to reproductive choices

 
Source: The Hindu
For Prelims: Chief Justice of India (CJI), Article 21
For Mains: General Studies II: Medical Termination Practice (MTP) Act
 
Highlights of the Article
 
Medical Termination Practice (MTP) Act
Foeuteses and rights
Abortion Laws
 
Context:
On October 16 2023, 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. A Bench presided over by the Chief Justice of India (CJI), D.Y. Chandrachud, held that the woman’s case fell outside the scope of the Medical Termination of Pregnancy (MTP) Act, 1971
 
UPSC EXAM NOTES ANALYSIS:
 
1. Medical Termination of Pregnancy (MTP) Act, 1971
The Medical Termination of Pregnancy (MTP) Act, 1971 is an important piece of legislation in India that governs the termination of pregnancies. It was enacted to regulate and provide for the conditions under which a pregnancy can be terminated, and to protect the health and well-being of pregnant women
 
Key Provisions of the MTP Act:
  • The Act specifies certain conditions under which a pregnancy can be terminated. These conditions include the risk to the life or physical or mental health of the pregnant woman, the risk of the child being born with physical or mental abnormalities, and pregnancy resulting from rape or contraceptive failure, among others
  • The Act stipulates a gestational limit for abortion. In general, abortions are allowed up to 20 weeks of gestation. However, there are exceptions in cases where a risk to the life of the pregnant woman exists, and abortion can be performed beyond 20 weeks if two registered medical practitioners agree
  • Only registered medical practitioners can perform abortions under the MTP Act. The Act defines the qualifications and responsibilities of these practitioners.
  • The MTP Act has undergone amendments to expand the grounds for abortion and improve access to safe and legal abortion services. The most recent amendment was in 2021, which increased the gestational limit for abortion from 20 to 24 weeks in certain cases
2.Foeuteses and rights

The concept of rights for unborn children is a controversial one, and it varies widely depending on legal, cultural, and philosophical perspectives. In many countries, the legal rights of unborn children are not as established as those of born individuals. Here are some key points to consider regarding the rights of unborn children:

  1. The legal rights of unborn children vary by jurisdiction. In some places, there may be limited legal protections for the unborn, such as in cases of fetal homicide or child endangerment. However, the extent and nature of these protections can differ significantly.

  2. One of the most contentious issues related to the rights of the unborn is the question of abortion. Abortion laws and regulations differ widely around the world, with some countries allowing for abortion on demand during early stages of pregnancy, while others restrict or prohibit it. These laws are often influenced by cultural, religious, and ethical beliefs.

  3. Many legal systems prioritize the health and well-being of pregnant women to ensure that they receive adequate prenatal care and support during pregnancy. This focus on the mother's rights and health can sometimes conflict with potential rights of the unborn child.

  4. The question of when a fetus or unborn child should be considered a person with legal rights is a central issue in discussions about the rights of the unborn. Some people believe that personhood begins at conception, while others argue it begins at a later stage of development, such as viability (the point at which a fetus can potentially survive outside the womb).

  5. The rights of the unborn are also influenced by ethical and moral beliefs. Philosophical and religious perspectives vary on the status of the unborn, which can impact views on the rights of the fetus.

  6. Another complex factor is the principle of maternal autonomy, which holds that a pregnant woman has the right to make decisions about her own body and reproductive health. This principle often comes into conflict with potential rights of the unborn child.

  7. In most legal systems, once a child is born, they are granted a full set of rights and legal protections. These rights may include the right to life, health, education, and more.

3.Foetal viability
"Fetal viability" is a term used in the field of obstetrics and reproductive medicine to refer to the stage of pregnancy at which a fetus has developed to the point where it has the potential to survive outside the womb. Viability is a key concept in discussions surrounding abortion laws and the medical management of pregnancies. The point of viability is not fixed and can vary depending on a variety of factors, including advances in medical technology and the overall health of the mother and fetus
 
Key observations on Foetal viability:
  • Viability is closely tied to the gestational age of the fetus. Gestational age is typically measured in weeks from the first day of the mother's last menstrual period. While there is no fixed gestational age at which viability occurs, it generally falls between 24 to 28 weeks of pregnancy.
  • The point of fetal viability has shifted earlier in pregnancy over the years due to advancements in medical technology and neonatal care. In some well-equipped medical centers, premature infants born as early as 22 weeks gestation have survived with medical intervention
  • The viability of a fetus depends on various factors, including the availability of advanced neonatal care facilities, the overall health of the mother, the presence of any fetal abnormalities, and the baby's weight and lung development.
  • The concept of fetal viability is significant in the context of abortion laws. In many countries, the right to choose an abortion without significant legal restrictions is more prevalent earlier in pregnancy, before fetal viability. After the point of viability, laws may become more restrictive, allowing for abortion only in cases of maternal health endangerment or severe fetal abnormalities
  • The question of whether to provide life-saving medical intervention for a preterm infant born at the cusp of viability can raise ethical dilemmas. Medical professionals, parents, and ethicists may face difficult decisions about whether to pursue aggressive treatment and what the potential outcomes and quality of life might be for the infant
4. Conclusion
The MTP Act was enacted to ensure that safe and legal abortion services are accessible to women in India while also safeguarding their reproductive rights and health. It provides a legal framework for the termination of pregnancies and helps prevent unsafe and clandestine abortions, which can pose significant health risks to women
 
 
 
Practice Mains Questions
 
1.Discuss the significance of the Medical Termination of Pregnancy (MTP) Act, 1971 in India. Examine its objectives, provisions, and recent amendments, and evaluate its impact on women's reproductive rights and healthcare
2.Analyze the ethical, legal, and medical considerations surrounding the gestational limit for abortion in India. Should the gestational limit be extended further, and what factors should influence such a decision?
3.Explore the role of healthcare providers in the implementation of the MTP Act, 1971. Discuss the responsibilities and qualifications of registered medical practitioners and the challenges they face in providing safe and legal abortion services.

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