In a recent turn of events, the Supreme Court of India witnessed a division in opinion among its bench members regarding a pivotal abortion case. As a result, the matter is slated for a fresh hearing.
The disagreement among the bench members arose when they were deliberating on the legalities surrounding a woman’s plea to terminate her 26-week pregnancy. The fetus was diagnosed with Bilateral Renal Agenesis, a condition where both kidneys are absent.
One of the Justices on the bench was quoted saying,
“I am of the view that the medical board’s report does not indicate that if the child is born, it will suffer from such physical or mental abnormalities as to be seriously handicapped.”
This perspective was in stark contrast to the other Justice’s viewpoint, who opined,
“The medical report suggests that the fetus doesn’t have kidneys and thus, it’s a clear case where the termination of pregnancy should be allowed.”
Given the contrasting stances, the bench decided that the matter would benefit from a comprehensive re-evaluation. The case’s significance lies not just in the immediate decision but also in the broader implications it holds for the interpretation of India’s abortion laws, especially concerning the Medical Termination of Pregnancy (MTP) Act.
The MTP Act, as it stands, permits abortion up to 20 weeks of gestation. However, exceptions can be made if the fetus has abnormalities or if the continuation of the pregnancy poses a risk to the mother’s life. This case, given its complexities, is being closely watched by legal experts and activists alike, as it could potentially influence future judgments and interpretations of the Act.
As the nation awaits the fresh hearing, the case underscores the intricate balance between a woman’s right to choose and the medical and ethical considerations surrounding abortion.
