Supreme Court allows minor to undergo abortion at 30 weeks
Abortion Rights : The Supreme Court on Friday gave a major verdict emphasizing the reproductive freedom of women. The court has clarified that a young woman cannot be forced to become pregnant against her will. In addition, a young woman is allowed to have an abortion after 30 weeks.
A bench headed by Justice B.V. Nagaratna has set aside the earlier decision of the Bombay High Court. The Bombay High Court had earlier refused to allow an abortion and advised the young woman to give birth to a child and give it up for adoption. But the Supreme Court said that “if a woman does not want to get pregnant, then the court cannot force her to give birth to a child.”
The young woman in question was 17 years old and became pregnant after having an affair with a friend. She is now 18 years and 4 months old. Since the pregnancy had crossed 30 weeks, the medical board report stated that there was no serious risk to the young woman’s life. The woman’s lawyer argued that the woman would face mental and physical abuse in the society for giving birth to an illegitimate child.
The Supreme Court, while hearing the case, said, “The important question here is whose interest do we look at? That of an unborn child or that of the mother who will give birth to the child? The mother’s reproductive freedom should always be given priority.”
Justice Nagaratna also said that if the court does not help in such a difficult time, helpless women will risk their lives by going to unauthorized doctors or unskilled persons for abortion.
According to Indian law, there are certain limits for abortion. A woman can terminate a pregnancy on her own initiative up to 20 weeks. For those between 20 and 24 weeks, a medical board’s advice is required. After 24 weeks, an abortion can be done only with the permission of the court.
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