The story so far: A married woman 26 weeks pregnant has approached the Supreme Court seeking to terminate her pregnancy citing inability to take care of the child due to post-partum depression and other health issues. She has two other children. The Supreme Court on October 9 agreed to her plea, but two days later, a two-judge Bench of Justices Hima Kohli and B.V. Nagarathna delivered a split verdict when the government brandished a report from the All India Institute of Medical Sciences (AIIMS) which said that the foetus was viable and had a heartbeat. Aborting it at this stage would mean either putting a stop to the heartbeat or delivering the baby prematurely which might lead to severe complications both mental and physical for the child. The case was then referred to a larger Bench headed by the Chief Justice of India, which has observed that the highest court of the land cannot overlook the rights of an unborn child thus igniting a pro-life versus pro-choice debate.
What does the MTP Act say?
According to the Medical Termination of Pregnancy (MTP) Amendment Act 2021, opinion of only one registered medical practitioner will be required for the abortion of a foetus up to 20 weeks of gestation and of two for the termination of pregnancy from 20 to 24 weeks of gestation. The opinion of a state-level medical board is required for abortions over 24 weeks, in case of suspected foetal abnormalities.
