Context

• Recently the Supreme Court of India demonstrated compassion and legal acumen by allowing a 14-year-old rape victim to terminate her 30-week pregnancy in a decision.

Key Points

• Significantly, this decision overturned the previous order of the Bombay High Court and characterised it as an "exceptional case" requiring judicial intervention.
•   The decision of the top court headed by Chief Justice DY Chandrachud was based on a thorough assessment of the medical reports and considerations of the well-being of the minor.
• This Supreme Court decision underlined the delicate balance between medical risks and individual rights.
•  In particular, the Court stressed the need for a holistic assessment of the survivor's situation, beyond mere medical assessment.

Abortion in India

• In India, the Medical Termination of Pregnancy Act of 1971 is in force regarding abortion.
• In some special circumstances, abortion up to 20 weeks of pregnancy is allowed.
• According to this law, a registered doctor can perform abortion.
• But for this some conditions have been fixed such as; Abortion is allowed only if there is a threat to the health of the pregnant woman or if there is a possibility of serious mental suffering to the fetus or if there may be physical abnormalities during delivery.
• This law was amended in the year 2021 and this period has been extended to 24 weeks.
• However, for this only rape, illicit relations between members of the same family, minor, mentally or physically ill women are allowed.
• Along with this right, it has also been decided that for this the approval of two registered doctors will be necessary.
• Apart from this, abortion can be allowed if there is any kind of disability or other problem in the fetus. There is no time limit fixed for this.
• But for this, permission will have to be taken from the special medical board of doctors constituted by the state government.

Important Facts For Exam

Supreme Court

• Judges are appointed under Article 124 of the Constitution.
• Every judge of the Supreme Court is appointed by the President.
• Note - Calcutta Supreme Court of Judicature was established with the enactment of the Regulating Act of the year 1773.