Court Cases Abortion

In the context of the wide media coverage on the issue of abortion after the Niketa Mehta case, a letter to the newspaper editors was sent as part of the National Campaign on Safe Abortion. In addition to that, a kit was prepared for the media so that issues related to women’s access to safe abortion are highlighted by them.

Dear Editor, With regard to the wide coverage over the case in the Mumbai High Court seeking permission for carrying out abortion after 20 weeks, we are glad that the issue of abortion from 20-24 weeks is being publicly debated in the country. However we would like to raise the following concerns:.

1. Abortion is legalised in India under the Medical Termination of Pregnancy Act under certain conditions. Safe abortion within the provisions of the MTP Act is the right of every woman. The decision about whether to carry on a pregnancy or not must solely lie with the woman as she is the one who bears it.

2. Anti-abortion language is permeating the discourse with reference to abortion as killing of the unborn child, mercy killing, etc. A 20-24 week foetus cannot survive independently and this is why countries like Britain have set the abortion limits to 24 weeks. Personhood begins at birth so the reference to its right to live or right to die does not arise at all.

3. Invariably any discussion on the issue of abortion is immediately associated with the declining sex ratio and the PCPNDT Act. It is important to remember that the PCPNDT act bans sex determination and seeks to regulate the use of ultrasound for sex determination and not abortions per se. So by allowing an abortion beyond 20 weeks does not mean that it contradicts the PCPNDT Act in any way.

The National Campaign for Safe Abortion is concerned about the implications of such discussion on access to abortion services for women. Abortion has been legal for more than three decades in our country, yet unsafe abortion is one of the leading causes of maternal mortality, because services are not within reach of those most marginalised and in need. Abortion, as a part of sexual and reproductive health services, plays a crucial role in enabling women to gain control over their bodies and their lives. Given that women are not always able to determine when, how and with whom they have sex with, or use contraception as per their choice, they must have access to safe abortion within the provisions of the MTP Act.

Padma Deosthali, for NCSA