Is There Need for Danger to Health (Physical/Mental) Life Ground of MTP Beyond Permissible Limit in Exceptional Cases?

Abstract

Abortion is an issue overshadowed and shrugged with glaring questions of morality, infanticide, suicide, ethics, religious beliefs and women's rights. To what amplitude, abortion should be permitted, encouraged, restricted or repressed is a social issue that has effectively divided theologians, philosophers, legislators and general mass. In a tragic incidence, the girl from district Sabarkantha, Gujarat was allegedly raped by a doctor. The girl's father had first moved to the Sessions Court seeking termination of pregnancy, saying she was in no position to take care of the child, but the court turned down her plea to terminate the pregnancy as she was past the 20th week. Later on, the Gujarat High Court had refused permission for abortion on 16 April 2015. The Supreme Court empathised with her plight saying ‘for no fault of her, she is suffering'and also ordered a DNAtest of the foetus. The Supreme Court came to the rescue of a minor rape victim, by ordering that the requisite surgery may be done if the gynaecologists and clinical psychologists permit it. In this case, mental health has been given due importance in taking decision about MTP involving a clinical psychologist as part of team of doctors examining alleged minor victim of rape. Similarly, other cases approached various high courts and other competent courts for remedy. It is right time to expedite the proposed amendments in the MTP Act, 1971, keeping in mind the plight of the rape survivor as a result of unwanted pregnancy and resulting harm to mental health which ultimately leading to danger to physical health and loss of life under suicidal impulse. Government should think and implement the compulsory sex education at school levels to create awareness, and early pregnancy can be detected and both maternal morbidity and mortality can be minimised.