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How can SC allow termination of pregnancy post 20 weeks?

Even in extraordinary cases, how can SC allow termination beyond 20 weeks pregnancy? Wouldn't it be illegal since it goes against MTP law? How is this to be properly explained in legal jargon?
Is it just a case of judicial discretion?

Comments

  • yathish said:

    Even in extraordinary cases, how can SC allow termination beyond 20 weeks pregnancy? Wouldn't it be illegal since it goes against MTP law? How is this to be properly explained in legal jargon?
    Is it just a case of judicial discretion?

    Check this out - http://www.thehindu.com/news/national/the-hindu-explains-medical-termination-of-pregnancy-amendment-bill-2014/article18474057.ece
    Sweet Victory!
  • Gameplay said:
    Thank you but this doesn't help. I've read the Act. Please understand my question - in the current form of the Act, abortion beyond 20 weeks is not permissible. So how does SC have the power to allow it in certain cases?

    The link you shared is about the draft bill, arguments to increase the 20 week period and so on.
  • yathish said:

    Gameplay said:
    Thank you but this doesn't help. I've read the Act. Please understand my question - in the current form of the Act, abortion beyond 20 weeks is not permissible. So how does SC have the power to allow it in certain cases?

    The link you shared is about the draft bill, arguments to increase the 20 week period and so on.
    Yes,You are right.It is case of Judicial discretion or some may refer it judicial overreach.In modern days when legislature is reluctant to address the plight of people,judiciary is going to take ov
    yathish said:

    Gameplay said:
    Thank you but this doesn't help. I've read the Act. Please understand my question - in the current form of the Act, abortion beyond 20 weeks is not permissible. So how does SC have the power to allow it in certain cases?

    The link you shared is about the draft bill, arguments to increase the 20 week period and so on.
    Medical Termination of Pregnancy Act of 1971 bars abortion if the foetus has crossed the 20-week mark. An exception to the law is made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for the mother or the baby.
    You're a Warrior, damn it.
  • I won't comment on the legality of the issue.

    But, I will say that ethically the law is biased against women. A foetus is a part of mother's body. It has no separate existence away from mother's womb. The 'sanctity of life' argument, usually given by conservative Christians, falls flat here. Foetus ain't a separate life. It's the mother that is alive.
    And mother should have every right to abort the foetus even if it is one day left for delivery.

    I may arguably have digressed from the original topic of thread creator, but I just needed to express my opinion on the issue. And it felt like a right platform to do so. :smile:
  • .

    yathish said:

    Gameplay said:
    Thank you but this doesn't help. I've read the Act. Please understand my question - in the current form of the Act, abortion beyond 20 weeks is not permissible. So how does SC have the power to allow it in certain cases?

    The link you shared is about the draft bill, arguments to increase the 20 week period and so on.
    Yes,You are right.It is case of Judicial discretion or some may refer it judicial overreach.In modern days when legislature is reluctant to address the plight of people,judiciary is going to take ov
    yathish said:

    Gameplay said:
    Thank you but this doesn't help. I've read the Act. Please understand my question - in the current form of the Act, abortion beyond 20 weeks is not permissible. So how does SC have the power to allow it in certain cases?

    The link you shared is about the draft bill, arguments to increase the 20 week period and so on.
    Medical Termination of Pregnancy Act of 1971 bars abortion if the foetus has crossed the 20-week mark. An exception to the law is made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for the mother or the baby.
    +1 MTP Act is not an absolute act.
    Sweet Victory!
  • yathish said:

    Even in extraordinary cases, how can SC allow termination beyond 20 weeks pregnancy? Wouldn't it be illegal since it goes against MTP law? How is this to be properly explained in legal jargon?
    Is it just a case of judicial discretion?

    A woman's right to bodily integrity comes under Art.21, so the 20 weeks limit under the MTP act is not a bar for the court to interfere. But the woman has to prove that the pregnancy is indeed causing her harm- social, economic, physical or mental.

    This right to bodily integrity/autonomy under Art 21 has been explicitly clarified in the recent privacy judgment too. So the SC interference is not illegal or judicial overreach.
  • yathish said:

    Even in extraordinary cases, how can SC allow termination beyond 20 weeks pregnancy? Wouldn't it be illegal since it goes against MTP law? How is this to be properly explained in legal jargon?
    Is it just a case of judicial discretion?

    A woman's right to bodily integrity comes under Art.21, so the 20 weeks limit under the MTP act is not a bar for the court to interfere. But the woman has to prove that the pregnancy is indeed causing her harm- social, economic, physical or mental.

    This right to bodily integrity/autonomy under Art 21 has been explicitly clarified in the recent privacy judgment too. So the SC interference is not illegal or judicial overreach.
    Thanks! Has SC cited article 21 in its judgement of allowing abortion in an exceptional circumstance? If a provision in MTP act can go against article 21, shouldn't this act be declared void to that extent?

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