Termination of Pregnancy

As advocates of women’s health rights, we note with anguish, the discussion of a bench of the Supreme Court while hearing the matter of a pregnant woman seeking permission for termination of her pregnancy in the 25th week.

The petitioner is a survivor of domestic violence and was seeking termination of her pregnancy because she intended to get a divorce from her husband, and felt she was unable to raise a child at this time. She had previously approached the Bombay High Court, which rejected her plea on grounds that the pregnancy was beyond the permissible time limit of 20 weeks as per the law. She sought relief from the Supreme Court, which, while rejecting her plea despite her circumstances, opined that abortion was tantamount to “killing the baby.” The Supreme Court judges were further reported to have remarked that the unborn child should have been represented in the Court instead of the mother, and that the mother “should be made to hear the child’s heartbeat.” These remarks coming from senior members of the judiciary are particularly unwarranted, as the Medical Termination of Pregnancy (MTP) Act, 1971 recognises the termination of pregnancy as a medical procedure.